MURUGESA GOUNDER Vs. BRINDHAVATHI AMMAL

JUDGEMENT

(1.) THIS second appeal is focussed by the original defendants 2 and 4, animadverting upon the judgement and decree dated 16.06.2008 passed in A.S.No.97 of 1993 by the learned Principal Subordinate Judge, Villupuram, reversing the judgment and decree of the learned District Munsif Court, Tirukkoilur in O.S.No.956 of 1985. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) COMPENDIOUSLY and concisely, the relevant facts absolutely necessary and germane for the disposal of this Second Appeal would run thus: (a) The plaintiff/R1 filed the suit for partition seeking half share in the 'B' scheduled properties as 'A' schedule property is nothing but her wearing apparels to show that she was an indigent person as on the date of the filing of the suit. (b) The written statement was filed by the defendants resisting the suit. (c) Whereupon the trial Court framed the issues. (d) The plaintiff-Brindhavathi Ammal examined herself as P.W.1 along with P.Ws.2 to 4 and Exs.A1 to A7 were marked. On the side of the defendants, D.Ws.1 to 5 were examined and Exs.B1 to B74 were marked. (e) Ultimately the trial Court dismissed the suit. Being aggrieved by that, the plaintiff filed the appeal, whereupon the appellate Court reversed the judgment and decree of the trial court and decreed the suit.

(3.) MY learned Predecessor framed the following substantial questions of law: