At, High Court of Judicature at Madras
By, THE HONOURABLE MR. JUSTICE M.V. MURALIDARAN
For the Petitioner: N.R. Jasmine Padma, Advocate. For the Respondents: A. Rajaperumal, Additional Govt. Pleader.
(Prayer: Appeal filed under Section 96 of Code of Civil Procedure read with Order 41 Rule 1 of CPC against the Judgment and Decree dated 19.03.2015 made in O.S. No. 34 of 2013 on the file of I Additional District Judge at Erode.)
R. Subbiah, J.
1. This appeal is filed by the first defendant in O.S. No. 34 of 2013 on the file of I Additional District Judge, Erode, by which the suit filed by the respondents 1 to 5 herein, as plaintiffs, for a direction to direct the defendants in the suit, to quit and deliver vacant possession of the suit property, was decreed.
2. The respondents 1 to 5 are the plaintiffs, who have instituted the suit in O.S. No. 34 of 2013. The appellant in this appeal is the first defendant in the suit. The respondents 6 and 7 in this appeal are the defendants 2 and 3 in the suit. Therefore, for the sake of convenience, the parties shall be referred to as plaintiffs and defendants, as has been arrayed in the suit before the trial court.
3. The case of the plaintiffs, as could be unfolded from the plaint averments are as follows:-
(i) The first plaintiff is the wife of one R. Palaniappan. The Plaintiffs 2 to 5 are the sons and daughter born to the first plaintiff and the said Palaniappan. The Plaintiffs are native of Erode for several decades. According to the plaintiffs, the suit properties belonged them, having been gifted by the husband of the first plaintiff and father of the plaintiffs 2 to 5 namely Mr. R. Palaniappan, by means of a registered gift deed dated 21.11.2011, registered as document No. 7129 of 2011 on the file of the Sub-Registrar, Erode. According to the plaintiffs, on execution of the gift deed dated 21.11.2011, the possession of the suit property was also handed over to them by Mr. R. Palaniappan. Thus, fro
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m the date of execution of the gift deed dated 27.11.2011, the plaintiffs are in possession and enjoyment of the suit property. It is the case of the plaintiffs that Mr. R. Palaniappan, husband of t