MUNUSAMY GOUNDER Vs. PALANI GOUNDER

JUDGEMENT

(1.) THE Appellant/1st Respondent/Plaintiff has focused the present Second Appeal as against the Judgment and Decree dated 26.06.1996 in A.S.No.215 of 1994 passed by the Learned District Judge, (Villupuram Ramasamy Padayachi District), Villupuram, in reversing the Judgment and Decree dated 23.12.1993 in O.S.No.184 of 1987 passed by the Learned District Munsif, Tirukoilur.

(2.) THE Plaint Facts (filed by the Appellant/1st Respondent /Plaintiff in O.S.No.184 of 1987): THE 1st Respondent/1st Defendant and one Arunachala Gounder and Durai Gounder are the sons of their father Narayanasamy Gounder born through first wife Thanam Ammal. THE Appellant/Plaintiff, Kannusamy Gounder and Annamalai Gounder are the sons of the said Narayanasamy Gounder born through his second wife Selli Ammal. THE 1st Respondent/1st Defendant, Arunachala Gounder and Durai Gounder 40 years ago have divided their half share of properties from the family and the said three of them have been in enjoyment and possession of the said properties.

(3.) THE Written Statement averments of the 1st Respondent/1st Defendant (adopted by the 3rd and 4th Respondents/3rd and 4th Defendants: