KALIAPPAN ALIAS CHINNAKALIAPPAN Vs. CHIDAMBARANTHAN

JUDGEMENT

(1.) Challenging the judgment and decree dated 10.9.2001 and made in A. S. No. 63 of 2000 on the file of the Learned Subordinate Judge, Bhavani reversing the judgment and decree dated 9.6.2000 and made in O.S. No. 161 of 1997, the plaintiff has approached this Court by way of this second appeal.

(2.) The factual matrix of the case of the parties to the appeal are detailed as under;

(3.) Out of the total extent of 2.89 acres of his ancestral property comprised in S.F. No. 41/A of Ennamangalam Village, the plaintiff got 1.44-1/2 cents on the northern portion, of which, the plaintiff and his minor son had sold an extent of 0.72-1/2 cents to one Siddha Gounder, son of Makkapalani Gounder on 14.11.1972 only in common without having boundaries. Even prior or after the above sale, the plaintiff had been in peaceful possession and enjoyment of his property only on convenient sake and not by any regular partition. After the death of Siddhappa Gounder his legal representation viz., Iyyasamy and Murugesan and the plaintiff had been in peaceful possession and enjoyment of their respective shares by providing cart track to plaintiff. The plaintiff has been using the suit cart till now.