MINOR ALIAS KARUPPANNA UDAYAR Vs. LAKSHMI AMMAL

JUDGEMENT

(1.) THE Appellant/Defendant has filed this Second Appeal as against the Judgment and Decree dated 13.2.1996 in A.S.No.49 of 1992 on the file of learned Subordinate Judge, Ariyalur.

(2.) THE First Appellate Court viz., the learned Sub-Judge, Ariyalur in the Judgment in A.S.No.49 of 1992 dated 13.2.1996 has among other things observed that "the suit properties have been allotted to the share of Ramasamy who has been in enjoyment of the same and after him, the suit properties have been in enjoyment of the 1st Respondent/Plaintiff (deceased) and in respect of 1,2 and 3 items of the properties, the Appellant/defendant has been in enjoyment for 4 years and 2 years as a trespasser and therefore the Appellant has no right to question as to how Ramasamy and his heirs are enjoying the properties.

(3.) THE Trial Court on an appreciation of oral and documentary evidence available on record has come to the resultant conclusion that the suit properties have been allotted to the Plaintiff"s father-Ramasamy"s share and the suit properties have been allotted to the share of the 1st Respondent/Plaintiff (deceased) as per Partition Deed dated 12.3.1973 and these have been proved by the 1st Respondent/Plaintiff (deceased) and the Appellant/Defendant has not established that the suit properties have been allotted to his father"s share and later he has been in enjoyment of the same and resultantly decreed the Suit as prayed for by the 1st Respondent/Plaintiff (deceased).