KARUPPANA GOUNDER Vs. MINOR MOORTHY ALIAS VENKATACHALAM

JUDGEMENT

(1.) The Appellant/Defendant has focused this instant Second Appeal as against the Judgment and Decree dated 26.10.1998 in A.S.No.27 of 1998 passed by the Learned Subordinate Judge, Gobichettipalayam, in reversing the Judgment and Decree made dated 13.06.1996 in O.S.No.536 of 1994 passed by the Learned District Munsif, Gobichettipalayam.

(2.) The First Appellate Court viz., the Learned Subordinate Judge, Gobichettipalayam, while passing the Judgment in A.S.No.27 of 1998 (filed by the Respondent/Plaintiff) on 26.10.1998, has inter alia observed that the suit property ancestrally belongs to the minor Respondent/Plaintiff and his father Nagappan and as such, it cannot be either encumbered or sold, etc., and resultantly, has come to the conclusion that the trial Court is not correct in coming to the conclusion that the Respondent/Plaintiff is not entitled to the claim of the relief of partition and separate possession and set aside its finding of dismissal of the Suit and allowed the Appeal with costs by passing a preliminary decree in the Suit.

(3.) Before the trial Court, in the main Suit, 1 to 3 issues have been framed for determination. On behalf of the Respondent/Plaintiff, witnesses P.W.1 and P.W.2 have been examined and Exs.A.1 to A.7 have been marked. On the side of the Appellant/Defendant, witnesses D.W.1 to D.W.4 have been examined and Exs.B.1 to B.5 have been marked.