GURUSAMY Vs. MANICKARAJ DECEASED

JUDGEMENT

(1.) THE plaintiff is the appellant herein. THE suit was filed by the plaintiff for partition.

(2.) THE case of the plaintiff was that the property originally belonged to one Annamalai Chetty, who had three sons and in the partition that took place amongst three sons, the suit property was allotted to the share of Veerana Chetty, the second son of Annamalai Chetty. THE said Veerana Chetty, had two sons and the plaintiff is the son born to the first wife and therefore, he is entitled to 4/9 share in the suit property.

(3.) THE First Appellate Court reversed the findings of the Trial Court and allowed the appeal on the ground of limitation that admittedly the plaintiff was excluded from enjoyment of the property from the year 1957 and therefore, he is not entitled to the partition. Hence, this Second Appeal.