6 SCR 12 The following Order of the Court was delivered This appeal at the instance of the plaintiffs has been directed against the judgment dated 16th December, 1986 passed by the High Court of Madras in Second Appeal No.
The plaintiffs appellants had instituted the suit for partition of the suit land on the basis of the three Sale Deeds one of which is said to have been executed by Inkupillai and Muthupillai sons of Perumal in respect of their shares, in favour of the third appellant.
The suit was resisted by the respondent on the ground that Rosammal and Mariammal did number inherit any interest in the land and, therefore, Sale Deeds executed by them were invalid.
But on perusal of the pleadings of the parties, we find that the learned First Appellate Court had wrongly assumed that Kochammal the mother of Rosammal and Mariammal had companyverted into Christianity.1977 of 1977, affirming the judgment of the first Appellate Court dated 9.9.1977 whereby the judgment and degree passed by the Trial Court were reversed.
The Trial Court on evaluation of the evidence took the view that the vendors of the plaintiffs had inherited an interest in the land in question and therefore, the sales effected by them were valid.
The two other Sale Deeds were executed by Rosammal and Mariammal, in favour of the first appellant and the second appellant respectively.
