BALIAH NADAR Vs. RAYAPPAN

JUDGEMENT

(1.) DEFENDANTS 3 and 4 are the appellants in both the appeals. One suit is for declaration that plaintiff and second defendant are absolute owners of the suit property. The other suit is for partition and separate possession of one third share of the plaintiff. The first defendant in the suit who is the brother of the plaintiff claimed one-third share in all the properties. DEFENDANTS 3 and 4 contested the claim of the plaintiff as well as defendants 1 and 2. The trial court has found that the plaintiff is entitled to one-fourth share in Door No.7, which is the property in O.S.No.82 of 1976 out of which S.A.No.2262 of 1981 arises. In the other suit, the trial court granted a decree as prayed for by the plaintiff.

(2.) ON appeal, the Principal subordinate Judge, Tiruchirapalli, modified the decree in O.S.No.82 of 1976 and granted one third share to the plaintiff in the suit property. In the other appeal, the learned subordinate Judge has granted a decree, declaring that the plaintiff and second defendant are entitled to two thirds share and on that basis granted an injunction.

(3.) HENCE, the conclusion of the lower appellate court is unassailable. The second appeals fail and are dismissed. There will be no order as to costs.