M SIVAPRAKASA MUDALIAR Vs. PADMAVATHY

JUDGEMENT

(1.) THE present Second Appeal No. 338 of 1996 has been filed against the Judgment and Decree, dated 17. 11. 1995, made in A. S. No. 91 of 1993, on the file of the Sub-ordinate Judge, Arni, confirming the Judgment and decree, dated 28. 04. 1993, made in O. S. No. 332 of 1990, on the file of the additional District Munsif, Arni.

(2.) HEARD the learned counsel appearing for the appellant as well as the respondents.

(3.) THE defendant in the suit and the appellant in the present Second Appeal had filed a written statement in O. S. No. 332 of 1990 denying the claims and the allegations made by the plaintiff. THE defendant had also stated that the Survey No. 283/2a of Sevur village consisted of an extent of 10. 59 acres, which belonged to the plaintiff, the defendant and a. M. Annamalai Mudaliar. It was also stated that under a'koorchit', dated 25. 01. 1957, the properties were divided and each of the brothers were given separate properties and the suit property in Survey No. 283/2a consisting of 10. 59 acres was kept in common for all the brothers. After giving one acre, out of the total extent of 10. 59 acres to one A. M. Annamalai Mudaliar, the remaining 9. 59 acres were to be divided equally between the plaintiff and the defendant. On 20. 01. 1972, the plaintiff, the defendant and A. M. Annamalai Mudaliar, had together sold five acres in favour of one Palani Mudaliar, S/o of Rathina Velu mudaliar of Aranipalyam. While that being the case, the plaintiff has falsely alleged that the defendant had sold five acres in the year 1972 and had taken the entire sale consideration.