K S LATEEF Vs. S ANSARI

JUDGEMENT

(1.) THE appellant herein, is the first defendant in the Suit in O. S. No. 33/2002, on the file of the Principal District Munsif, Ambasamudram. The' suit was filed by the first respondent herein as the plaintiff against the appellant and two others for partition and separate possession of 2/5 shares in the schedule mentioned property. The Trial Court passed final decree vide its judgment dated 21. 1. 2004 to divide the 2/5 shares and allot the specific portions as per the Commissioner's Report, against which the appellant herein and the first defendant in the Suit has preferred the aforesaid First Appeal before the Sub-Court, Ambasamudram.

(2.) AFTER considering the oral and documentary evidence and hearing the arguments of both sides, the lower Appellate Court confirmed the judgment and decree of the Trial Court and dismissed the Appeal preferred by the appellant herein, against which the Second Appeal has been preferred by the Respondent/first defendant. ,

(3.) THE following substantial question of law arose for consideration in this Second Appeal: