NAVAMANI Vs. SHANMUGAM

JUDGEMENT

(1.) The appellants herein are the defendants in O.S. No. 658 of 2004 on the file of the Principal District Munsif, Erode. The first respondent (since deceased)/plaintiff filed the above suit for partition and separate possession of his half share in suit Item No.1 and 1/3 share in suit Item No.2. A preliminary decree for partition and separate possession was passed by the learned Principal District Munsif, Erode, vide his decree and judgment dated 27.04.2006, dividing the suit Item No.1 into two equal shares and to allot one such share to the plaintiff and as far as the suit Item No.2 is concerned, the learned Principal District Munsif held that the plaintiff is entitled to 1/3 share in all the Survey Numbers mentioned in Item No.2 except Survey Number 800/5B of Peredu Village, Thayirpalayam, Bhavani Sub Disivion, Erode.

(2.) Aggrieved over the same, the defendants 1 to 3 (appellants herein) filed an appeal in A.S. No.102/06 before the I Additional Subordinate Court, Erode. The said appeal was dismissed and the decree and judgment dated 27.04.2006 of the Principal District Munsif, Erode, was upheld. Now, the present second appeal is filed against the concurrent findings of both the courts below.

(3.) For the sake of convenience, the parties are referred to as per their rankings in the trial court and in appropriate places, their rankings in the present appeal would also be indicated.