B TAMILSELVAN Vs. BALASUBRAMANIAN

JUDGEMENT

(1.) This Second Appeal is filed by the Plaintiff against the Judgement and Decree dated 28.06.2007 passed in AS. No. 8/2007 by the learned District Judge, Sivagangai, though confirming the Decree for partition, but modifying the shares of the parties allotted by the learned District Munsif, Sivagangai in OS. No. 41/2003 dated 22.6.2004. The Plaintiff filed the above said suit, claiming a share of 15/45th (1/3rd share) in the items 1 and 2 of the suit property situated in Kuruthangudi Village, Vannigudi group of Sivagangai Taluk and for permanent injunction restraining the 4th Defendant from interfering with the peaceful possession and enjoyment of the suit property by the Plaintiff.

(2.) The undisputed genealogy graph of the family is given under:-

(3.) The case of the Plaintiff is that the suit property belonged to Ramayee, having purchased the 1st item by the sale deed dated 13.03.1935 in Ex. A2 and the 2nd item originally belonged to Arulandu and the same was mortgaged to Kuttal, the mother of Ramayee, which was not redeemed and hence, Kuttal and after her, Ramayee was in possession and enjoyment. The patta stood in the name of Ramayee.