SUBRAMANI Vs. UNNAMALAI AMMAL

JUDGEMENT

(1.) THIS second appeal is filed against the judgment and decree dated 31.03.2006 made in A.S.No.16 of 2004 on the file of the learned District Judge (Training), Thiruvannamalai (Additional Subordinate Judge-II) modifying the judgment and decree dated 25.11.2003 made in O.S.No.239 of 1997 on the file of the District Munsif, Chengam.The plaintiff who succeeded partly in the first appeal is the Appellant.

(2.) HEARD Mr. R. Gowthama Narayanan, learned counsel for the Appellant and Mr. R. Rajaram, learned counsel for the respondents.

(3.) THE trial Court after conducting full fledged trial had appraised the oral and documentary evidence and had come to the conclusion that the suit properties in S.No.25/2B measuring an extent of 2.00 Acre said to have been purchased by the plaintiff through sale deeds dated 08.05.1981 from Vediappan, who had earlier purchased the entire property from Singara Gounder on 01.07.1980 and under the sale deed dated 23.04.1983 from Kasi and his minor children, which also sold by the said Singara Gounder through sale deed dated 01.07.1980 to Vediappan and that thereafter the said Vediappan sold the same to the said Kasi on 08.05.1981. Thus, the sales are affected by doctrine of "lis pendens" since all those sales have been effected after institution of the suit for partition in the year 1979 which was originally instituted in the form of Indigent Original Petition seeking leave to sue "in forma pauperis" in the year 1978. Consequently, the trial Court had dismissed the suit.