C ANNAMALAI Vs. R BALU

JUDGEMENT

(1.) THE present Second Appeal was brought by the plaintiff aggrieved by the impugned judgment and decree passed by the learned first appellate Court reversing the judgment and decree passed by the trial court. In this Second Appeal, the plaintiff is the appellant and the defendant is the respondent.

(2.) BRIEF facts leading to the filing of the present Second Appeal are given hereunder:

(3.) (i) Per contra, learned counsel appearing for the respondent would submit that when the plaintiff has averred before the trial court in his plaint that his mother Arayammal by means of sale deed dated 23.10.1956-Ex.A1 had purchased from the previous owner the suit land having an extent of 2,500 sq.ft. and after the death of said Arayammal and her husband, when the plaintiff and his brother Ramakrishnan, partitioned the said property on 18.8.1995 by registered partition deed-Ex.A.2 dividing the said land property into two equal parts, the partition deed-Ex.A.2 dated 18.8.1995 cannot have a total extent of 4,386 and = sq.ft., because through Ex.A.1-sale deed dated 23.10.1956, a total extent of 2,500 sq.ft., alone was purchased. Whileso, the difference in the Ex.A2-partition deed and the sale deed-23.10-1956 is 1,886 and = sq.ft. But this difference of land has not been explained anywhere. Therefore, the learned first appellate Court was right in reversing the judgment of the trial Court.