K.CHOKALINGAM Vs. K.MANI

JUDGEMENT

(1.) The unsuccessful plaintiff in O.S. No. 49 of 2004, on the file of the District Court, Thiruvannamalai is the appellant in the above appeal.

(2.) The suit was filed seeking partition and separate possession of half share in the suit property. According to the plaintiff, he belonged to Ettivadi Village, Polur Taluk. The plaintiff and the 1stst defendant are sons of one Kanna Udaiyar, who died in 1961 when the plaintiff was six months old and the 1stst defendant was five years old.

(3.) The plaintiff would contend that Kanna Udaiyar was possessed of a tiled house and landed properties, which were sold by Ponnammal wife of Kanna Udaiyar, the mother of the plaintiff and 1stst defendant during the year 1967. It is also the case of the plaintiff that on the death of Kanna Udaiyar, the plaintiff, the 1stst defendant and their mother Ponnammal left the native village and settled in Padur village in Chengam Taluk. The plaintiff would claim that in 1971, they shifted to Thiruvannamalai Town and they started living jointly in Chetty Street at Thiruvannamalai.