(1.) The 3rd defendant in the suit OS.No.8469 of 2008 on the file of the II Assistant City Civil Court, Chennai is the appellant before this Court. The 1st respondent herein is the plaintiff and respondents 2 and 3 herein are defendants 1 and 2 respectively in the suit O.S.No.8469 of 2008. The facts in brief which has culminated in the filing of the above Second Appeal is herein below narrated. The parties are referred to in the same ranking as before the Trial Court.
(2.) The plaintiff had originally filed the suit for the following reliefs:-
(3.) It is the case of the plaintiff that the suit schedule property belonged to one R.Kanniappa Mudaliar, he having purchased the same under a sale deed dtd. 28/6/1944. The said R.Kanniappa Mudaliar was married to one K.Padmavathi and had 3 children the plaintiff and the defendants 1 & 2. R.Kanniappa Mudaliar died intestate on 6/1/1966 and K.Padmavathi followed on 3/2/2003.