GOPAL Vs. EMA GOUNDER

JUDGEMENT

(1.) THE plaintiffs in O. S. No. 200 of 1986 on the file of the Additional District Munsif, Tiruvannamalai, are the appellants in the second appeal. The defendants in the said suit are the respondents herein. The parties are arrayed in the same position as they have been arrayed before the trial Court.

(2.) THE case of the plaintiffs in nutshell is as follows:-

(3.) THE first defendant filed a written statement, which has been adopted by defendants 2 to 4, wherein the following facts have been set out: - The first defendant's father Pachayappa Gounder was the owner of suit 'a' schedule property and till his death, he was in possession and enjoyment of the same. Since the first defendant and previously his father were enjoying the property time immemorial in respect of suit 'a' schedule property, the first defendant along with his brothers have partitioned suit 'a' schedule property and other properties. In the said partition, the suit 'a' schedule property came to the share of the first defendant. Thus, the defendants sought for the dismissal of the suit.