SRINIVASAN Vs. O G JANARTHANAN

JUDGEMENT

(1.) THIS second appeal is focussed by the original plaintiffs animadverting upon the judgment and decree dated 7.12.2005 passed in A.S. No. 101 of 2004 by the learned Principal District Judge, Salem confirming the judgment and decree of the learned Principal Sub Judge, Salem in O.S. No. 707 of 1990. 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 plaintiffs who are the appellants herein filed the suit seeking the following reliefs: (i) To permit the petitioners/plaintiffs to sue in forma pauperis; (ii) To direct division of the suit properties into 9 equal shares and allot 2 such shares to the petitioners/plaintiffs; (iii) to put the petitioners/plaintiffs in separate possession. (b) The written statement was filed by D2 resisting the suit. The reply statement also was filed by the plaintiffs. (c) Whereupon the trial Court framed the relevant issues. (d) The first plaintiff-Srinivasan examined himself as P.W.I along with P.W.2- Dhadhagounder and Exhibits A-1 and A-2 were marked. On the side of the defendants, D.W.I was examined and Exhibits B-1 to B-8 were marked. (e) Ultimately, the trial Court dismissed the suit, as against which appeal was filed for nothing but to be dismissed confirming the judgment and decree of the trial Court.

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