M. MURUGAN Vs. M. VENKATESH AND ORS.

JUDGEMENT

(1.) THE First Appeal arises out of the judgment and decree against the judgment and decree dated 22.10.2002 of the Additional District Court cum Fast Track Court No. I, Erode.

(2.) THE averments made in the plaint are as follows:

(3.) THE trial Court, after considering the averments both in the plaint and the written statement and arguments of both the counsel, framed four issues and considering the oral evidence P.W.1 and D.W.1 and documentary evidence of Exs.A1 to A5 and Exs.B1 to B14 has passed a preliminary decree for partition in respect of item Nos. 1 and 2 except the property purchased by the first defendant under the sale deed dated 22.01.1990 and dismissed the suit in respect of item No. 3. Against which, the present first appeal has been preferred by the appellant/plaintiff.