VASUDEVA PILLAI Vs. KUPPUSWAMI PILLAI

JUDGEMENT

(1.) THE parties will be referred to as per their ranks in the suit.

(2.) DEFENDANTS 4 and 5 in O.S.No.934 of 1979 on the file of the learned Principal District Munsif, Tindivanam, are the appellants in the second appeal. The suit was filed by the first respondent herein for declaration of his title to 8 items of properties and for permanent injunction restraining the defendants from interfering with his possession of the suit properties.

(3.) ON the above pleadings, the learned District Munsif framed the necessary issues and on the oral and documentary evidence, found that the plaintiff had no consistent case, that he put forward one case in the suit notice, another case in the plaint and yet a third case in the oral evidence, that suit items 3 to 8 were the separate properties of Manjini Pillai, that the partition so far as items 3 to 8 were concerned, was not valid, that items 3 to 8 belonged to Manjini Pillai and on his death, defendants 4 and 5 became entitled to them, that the plaintiff was not in possession of those items, that suit item 2 had been mortgaged to the sixth defendant and that except for suit item 1, the plaintiff was not entitled to any relief. The suit was decreed for Item 1 and dismissed with regard to the other items.