KALIYAPERUMAL Vs. RAMALINGAM AND ORS.

JUDGEMENT

(1.) The first defendant in O.S.No.690 of 1988 on the file of the learned Additional District Munsif, Virudhachalam is the appellant herein. The first respondent herein is the plaintiff in the suit and the others are the other defendants in the suit. The said suit was filed for partition and for allotment of 27 = cents of land comprised in Survey No.237/4 at Mathur Village, Mangalmpet Sub Division, Chidambaram Taluk out of the total extent of 46 = cents. The suit was dismissed by the Trial Court. As against the same, the plaintiff filed an appeal in A.S.No.23 of 2004 on the file of the learned Additional Subordinate Judge, Virudhachalam. By decree and judgment dated 17.03.2005, the lower appellate Court allowed the appeal and set aside the decree and judgment of the trial Court and granted preliminary decree for partition of his 1/3 share measuring 15 = cents in the suit property. As against the same, the first defendant has come up with this second appeal.

(2.) The case of the plaintiff is as follows:

(3.) This second appeal has come up today for admission. I have heard the learned counsel on either side and have perused the records carefully.