AYINAN Vs. IRULAN

JUDGEMENT

(1.) The contesting defendant in O.S.No.597 of 2000 on the file of the second Additional Sub Judge, Tiuchirappalli, is the appellant in this second appeal.

(2.) The original appellant had passed away and his legal heirs have come on record. The first respondent herein Thiru.Irulan filed the said suit seeking partition of 1/2 share in the suit properties. The original appellant Ayinan who was shown as the first defendant, was the younger brother of the plaintiff.

(3.) The case of the first defendant was that the partition had already taken place some 40 years prior to the institution of the suit and that therefore, the suit was not maintainable. The first defendant specifically contended that out of the labour put in by him, income was generated from the lands and with those funds, the first defendant had put up a house and also obtained service connection for the suit well in his name. The revenue records have also been accordingly mutated and he also pointed out that some of the properties purchased by him out of his own income and funds have also been maliciously included in the suit schedule. Based on the divergent pleadings, the Court below framed the following issues:-