P A MUNUSAMI REDDI Vs. C N THIRUNAVUKKARASU MUDALIAR

JUDGEMENT

(1.) The appellants in this case are defendants 2 to 13, who are the transferees from the registered pattadar, defendant 1 and who are aggrieved with the judgment and decree of the Subordinate Judge of Chingleput, who reversed the decision of the District Munsif of Poonamallee. The material facts that led up to the present litigation may be briefly stated. Plaintiff 1 who was a receiver appointed in O. S. No. 440 of 1917 on the file of this Court and who got himself registered as a landholder brought the holding of defendant 1 to sale for arrears of rent accrued due for Fasli 1348 under Section 112, Estates Land Act, and he himself purchased the property in auction for Rs. 177 and took symbolical possession thereof, Plaintiff 2 is a person claiming under plaintiff 1 as a lessee of the suit holding. Defendant 1 is the widow of the vendor of the holding to the two branches of the defendants' families, defendants 2 and 6 being the managers of the respective families. As defendants 2 to 13 who were in possession of the property resisted the attempts of the plaintiffs to get possession thereof, the plaintiffs were obliged to file the suit, O. S. No. 307 of 1942.

(2.) The suit was contested inter alia on the ground that as defendant 1 who was the registered holder was not served with notice under Section 112, Madras Estates Land Act the sale was a nullity, and that plaintiff 1 acquired no valid title under it. The trial Court among other things found that the sale was invalid ad it was not proved that defendant 1, who was the registered pattadar of the holding was personally served with notice under Section 112.

(3.) The plaintiffs took up the matter in appeal to the Court of the Subordinate Judge of Chingleput who set aside the decision of the trial Court and gave a decree to the plaintiffs folding that the evidence on record impliedly proved that there was a valid service of notice of sale of defendant 1 and two others. Against this decree defendants 2 to 18 have preferred the present second appeal.