RAMAMIRTHAM, THIYANAYAKI Vs. ARUNACHALAM CHETTIAR

JUDGEMENT

(1.) The Appellants/Defendants have filed the present Second Appeal as against the Judgment and Decree dated 26.10.1998 in A.S.No.89 of 1998 passed by the Learned Principal Sub Judge, Mayiladuturai in confirming the Judgment and Decree dated 03.01.1995 in O.S.No.973 of 1986 passed by the Learned District Munsif, Mayiladuturai.

(2.) The 1st Appellate Court viz., the Learned Principal Sub Judge, Mayiladuturai, while passing the Judgment in A.S.No.89 of 1998, on 26.10.1998, has, inter alia opined that as per Ex.A.1 Sale Deed dated 26.01.1928, it is seen that the Respondent/Plaintiff's grandfather has half share right in the suit property and also, that as per Ex.A.3, the Town Survey Field Register Book Extract in respect of the suit property, Subramaniya Iyyer, who has executed a sale in favour of the Respondent/Plaintiff's grandfather, has right and it is not established that as to how the Sambandam Pillai has executed Ex.B.1 Sale Deed dated 17.01.1955 to and in favour of Pethaperumal Pillai in respect of the suit property and no evidence of witnesses and documents have been let in or produced to show that Pethaperumal Pillai, as an absolute owner, has enjoyed the property purchased as per Ex.B.1 Sale Deed dated 17.01.1955 and moreover, the Appellants/Defendants have not established that they have got full right in respect of the suit property and under this circumstance, the Respondent/Plaintiff has a right to claim the half share in the suit property and resultantly, dismissed the Appeal with costs, thereby confirming the Judgment and Decree passed by the trial Court in the main suit.

(3.) Before the trial Court, in the main suit, 1 to 4 issues have been framed for trial. On behalf of the Respondent/Plaintiff, witnesses P.W.1 to P.W.3 have been examined and Exs.A.1 to A.9 have been marked. On the side of the Appellants/Defendants, witnesses D.W.1 to D.W.3 have been examined and Exs.B1 and B.2 have been marked.