ARIYAPUTHIRAN Vs. MUNUSAMI

JUDGEMENT

(1.) THE appellants are the defendants. Having lost in both the courts below, this second appeal has been filed before this Court.

(2.) THE plaintiff/respondents filed the suit in O.S.No.17 of 1986 before the Additional District Munsif, Kaliakurichi, for partition and separate possession of their half share in the suit properties. According to the plaintiffs, the properties belonged to one Angamuthu, husband of the first plaintiff and father of the plaintiffs 2 to 6 and the defendants are the second wife and children of Angamuthu, who died intestate and therefore, the plaintiffs are entitled to half share in the properties.

(3.) THE only point that arises for consideration in this second appeal is as to whether the lower appellate court could render judgment without giving proper reasoning for the conclusion and even without framing the point for determination.