RENGALWAR Vs. NAVATHAMMAL PAUL RAJ

JUDGEMENT

(1.) Heard the learned counsel appearing on both the sides.

(2.) This second appeal has been filed against the judgment and decree in A.S.No.80 of 2008 on the file of the Subordinate Judge, Theni reversing the judgment and decree dated 29.08.2006 made in O.S.No.8 of 2006 on the file of the District Munsif, Theni.

(3.) The appellant herein is the first defendant and the first respondent herein is the plaintiff in the suit. The second defendant died and the second respondent herein is the legal heir of the second defendant. The first respondent herein has filed a suit in O.S.No.8 of 2006 on the file of the District Munsif, Theni for a prayer of partition. The suit was dismissed by the trial Court. Against which, the first respondent herein has filed an appeal in A.S.No.80 of 2008 on the file of the Sub Court, Theni. The appeal was allowed by the Sub Judge. Against which, the appellant has filed the present second appeal.