GOVINDARAJU Vs. MOHANDOSS

JUDGEMENT

(1.) This Second Appeal has been directed against the Judgment and Decree, of the District Judge, Dindigui Anna District, Dindigul dated 13.07.1993 made in A.S.No. 2 of 1992 confirming the Judgment and Decree dated 18.07.1991 made in C.S.No. 78 of 1983 on the file of the subordinate Judge, Dindigul.

(2.) The brief facts of the case are as follows:

(3.) The trial court, on considering the oral and documentary evidence advanced by both the parties and after hearing the arguments advanced byboth sides, held that the appellant and the respondents 1 and 2 herein, being the plaintiff and the defendants 2 and 3 in the suit were each entitled to 1/3 share in items 1 to 4 of the plaint schedule properties and passed preliminary decree for partition in favour of the appellant's / plaintiff's 1/3 share in items 1 to 4 of the schedule of property and so far as it relates to items 5 to 7 of the plaint schedule properties, the suit was dismissed and the appellant / plaintiff was also directed to pay the cost of the suit to the respondents 3 and 4, being the defendants 4 and 5 in the suit. Aggrieved by which the plaintiff filed the first appeal before the District Court, Dindigul. The said first appellate court, considering the appeal on merits, confirmed the Judgment and Decree passed by the trial court and dismissed the appeal.