SAKUNTHALA Vs. RAGHUPATHY

JUDGEMENT

(1.) The Appellants (Legal Representatives of 1st Defendant) have projected this Second Appeal before this Court as against the Judgment and Decree dated 08.08.1996 made in A.S.NO.7 of 1993 on the file of Learned Principal District Judge, Vellore.

(2.) The Learned First Appellate Court, viz., the Principal District Judge, Vellore, in its Judgment in A.S.No.7 of 1993 on 08.08.1996, has among other things observed that 'The oral and documentary evidence clearly prove that the plaintiff and the defendant are entitled to the suit property and the plaintiff is entitled for partition and separate possession of his share in the suit property and has hold that the trial Court has correctly come to the conclusion and has decreed the suit for partition and separate possession of plaintiff's 1/3rd share in the suit property and also for mesne profits and resultantly, dismissed the appeal without costs thereby confirming the Judgment and Decree passed by the trial Court in O.S.No.64 of 1991 [O.S.No.54 of 1984 on the file of Subordinate Judge, Vellore] on the file of learned Subordinate Judge, Ranipet.

(3.) The trial Court, in the suit filed by the Respondent/ Plaintiff in O.S.No.64 of 1991, has, inter alia, held that the suit property belonged to the Plaintiff and the Defendants and the said property is an undivided one and therefore, the Plaintiff is entitled to get 1/3rd share in the suit property and has also further held that the 1st Defendant is liable to render account in respect of the income received from the suit property and directed the 1st Respondent/Plaintiff to take steps separately as per order 20 Rule 12 of Civil Procedure Code to determine the mesne profits and accordingly passed a preliminary decree with costs to be paid by the 1st Defendant.