ANANDA GOUNDAR Vs. BALAKRISHNA GOUNDAR

JUDGEMENT

(1.) THE appellants are the father and son who are the plaintiffs in the suit in O. S. No. 189 of 1988 on the file of the Principal District Munsif, Arni.

(2.) THE appellants filed the said suit for partition and separate possession of 6/8 share and for allotting three such shares to the share of Ellammal, the 11th respondent herein, vendor of the plaintiffs and to allot the remaining share from the other items of the suit properties. The respondents/defendants resisted the suit by filing written statement. On the basis of the pleadings, the trial court framed the issues and the learned Principal District Munsif perused the evidence and upon hearing the arguments of both sides, dismissed the suit. Aggrieved by the judgment and decree of the trial court, the appellants herein preferred the appeal before the subordinate Court, Arni in A. S. No. 39 of 1992. Learned Subordinate Judge after perusing the recorded evidence in the light of the judgment and decree passed by the trial court dismissed the appeal confirming the findings rendered by the trial court. Hence, the Second Appeal.

(3.) THE facts which are necessary for the disposal of this appeal may be set out briefly hereunder:-Originally the suit properties belonged to one Arjuna Gounder who died on 28. 1. 1957 (vide)Ex. A-7, the death register extract and the said Arjuna Gounder left one son Muthu Gounder and 3 daughters as his legal heirs of whom 11th and 12th respondents have been impleaded herein. The first respondent and his father Muthu Gounder filed the earlier suit in O. S. No. 319 of 1975 on the file of the District Munsif, Arni for declaration and possession of the suit properties against the first appellant herein and his vendor Ellammal who is the 11th respondent in this appeal and others and obtained a decree on 9. 8. 1977. The said judgment and decree was questioned in the appeal both in the lower appellate court as well as in this Court by the respondents 1 and 11 herein and the same had been dismissed with the observation directing them to file a separate suit for partition and separate possession of their share. The judgments of the trial court and the first appellate court are Exs. A-3 and A-4 and the judgment of this Court is Ex. A-5 produced by the appellants in the said suit.