MINOR MONEES CHAKRAVARTHY Vs. S.ARUMUGASAMY

JUDGEMENT

(1.) This appeal is filed against the judgment and decree dated 24.01.2005 made in A.S.No.31 of 2004 on the file of the Subordinate Judge, Sivakasi, confirming the judgment and judgment and decree in O.S.No.5 of 2003 dated 27.04.2004, on the file of the District Munsif, Sattur.

(2.) The appellant is the plaintiff and the respondents are the defendants in the suit filed by the plaintiff in O.S.No.5 of 2003 on the file of the District Munsif, Sattur. The plaintiff instituted the suit in O.S.No.5 of 2003 for the reliefs of preliminary decree for partition of his alleged 1/3 share in the plaint schedule properties and prohibitory injunction restraining the defendants from interfering with his enjoyment of his share of the properties. The plaint schedule contains three items. The plaintiff is aware that these are his ancestral properties. The defendants 1 and 2 remained ex -parte before the Trial Court. The defendants 3 and 4 contended that the first item of the plaint schedule property had been mortgaged by the first defendant for a loan advanced to the second defendant in the year 1990 and they took over the property due to default in repayment. Written statement was filed by the defendants 3 and 4.

(3.) Before the Trial Court, on the side of the plaintiff, P.W.1 was examined and Exs.Al to A16 were marked. On the side of the defendants, D.W.1 was examined and Exs.D1 to D12 were marked.