PITCHI Vs. PARAMESWARAN PILLAI

JUDGEMENT

(1.) This second appeal arises out a suit for partition. O.S.No.14 of 1980 on the file of the Principal Sub Court, Kuzhithurai was filed by K.Ponnumony Nadar claiming partition by metes and bounds and allotment of 21 cents in Item No.1, 1 acres 21 3/8 cents in Item No.2 and 2 acres 78 1/8 cents in Item No.3 of the suit schedule and for separate possession. In the suit, there were as many as 66 defendants. The contesting defendants filed written statement controverting the plaint averments. Based on the divergent pleadings, the trial Court framed the necessary issues.

(2.) The plaintiff examined himself as P.W.1 and Exs.A1 to A19 were marked. The 27th defendant and 39th defendant examined themselves as D.W.1 and D.W2 and one Gnanathabmi was examined as D.W.3 and Exs.B1 to B109 were marked.

(3.) After consideration of the evidence on record, the trial Court by judgment and decree dtd. 16/2/1981 dismissed the suit. Challenging the same, A.S.No.82 of 1981 was filed before the Principal District Court, Kanniyakumari. During the pendency of the appeal, Ponnumony Nadar passed away and his legal heirs were brought on record. The 12th defendant also filed cross appeal. The first appellate Court by the impugned judgment and decree dtd. 13/3/1996 confirmed the decision of the trial Court and dismissed the appeal suit and the cross appeal. Challenging the same, this second appeal came to be filed by the legal heirs of the plaintiff.