K. A. RAMASAMY Vs. PONGODI

JUDGEMENT

(1.) This Second Appeal is preferred against the judgment and decree dtd. 19/8/2013 passed in in A.S.No.32 of 2013 on the file of the learned Principal District Judge, Erode, reversal of the judgement and decree dtd. 18/1/2013 made in O.S.No.51 of 2008 on the file of the leanred Subordinate Judge, Gobichettipalayam,

(2.) The appellants are the defendants in the suit in O.S.No.51 of 2008 who lost the appeal before the first Appellate Court, has come forward with the present second appeal.

(3.) The respondent as plaintiff filed the about suit in O.S.No.51 of 2008 on the file of Sub Court, Gopichettipalayam, for partition and separate possession of one third share in the suit property. The respondent/plaintiff has stated that the suit property originally belong to one Appachi gounder, the father of the plaintiff and the defendants. The suit property is his self acquired property, purchased vide sale deed dtd. 23/6/1985. The said Appachi Gounder died intestate on 30/11/1988. The mother of the plaintiff and the defendants namely Chellamal also died on 19/4/1996. After the death of the Apachi Gounder and his wife Chellammal, the plaintiff and the defendants as the legal heirs succeeded to the suit property and are in joint possession and enjoyment of the same. Hence, the plaintiff is entitled to one third share in the suit property.