16.He has further maintained that the said Karuppana Gounder was owned 1.58 acres in Survey No.119/4 and 4.41 acres comprised in Survey No.120. Subsequently, he had sold an extent of 0.53 acre in Survey No.119 and 1.47 acres in Survey No.120 in favour of one Veerappa Gounder, who is none other than his brother under a registered sale deed, dated 17.07.1929. The same extent of land in the above survey numbers was also sold to his another brother Nachimuthu Gounder and one another Nachimuthu Gounder on 14.07.1934. Subsequently, on 08.12.1949, the said Karupanna Gounder had repurchased the sold out portion from Arumuga Gounder, s/o.Nachimuthu Gounder and thereafter, on 01.04.1972 under Exs.A10 and A11, he had sold in favour of the defendants and repurchased the same on 25.09.1980. After, the sale was made by Nachimuthu Gounder, who is the father of the revision petitioners, the subsequent documents executed by him viz., mortgage deed, dated 12.02.1973 and the made-over, dated 04.06.1979 in favour of one Thangammal were not valid and the said transaction would not in anyway affect the rights of the respondents 1 to 3. Since, the father of the proposed defendants had sold out his property as earlier as on 01.04.1972 and since, he was alive for about three years, after the above said sale, the proposed defendants were not having any right to deny the sale deed executed by their father. Therefore, the revision petitioners are not at all, either necessary or proper parties to the suit and he has, therefore, urged that the impugned order passed by the learned trial Judge is in accordance with law and did not require any interference of this court.
