BALASUBRAMANIAM Vs. SANJEEVI NAICKER

JUDGEMENT

(1.) SECOND Appeal has been preferred against the judgment and decree passed by the learned Subordinate Judge, Srivilliputhur in A.S.No.49 of 2002 dated 10/11/2003 confirming the judgment and decree dated 25/1/2002 passed in O.S.No.7 of 1997 by the learned Additional District Munsif, Srivilliputhur.

(2.) THE Plaintiffs are the appellants. Suit is filed for declaration and for injunction.

(3.) THE second and third defendants were subsequently impleaded and filed a separate written statement stating that the general Power of Attorney is not valid and they have a share in the suit property. According to the second and third defendants, the plaintiffs are entitled for each 5/16 share and the second defendant is entitled for 5/16 share and the third defendant is entitled for 1/16 share. A counter claim for partition is claimed for the second and third defendant's 6/16 share and a Court fee was also paid. THEre were reply and additional written statements by the plaintiffs and the first defendant. In the reply statement, the plaintiffs would state that the defendants 2 and 3 are entitled for 2/3 share.