MUTHUSAMY Vs. BOOMATHY

JUDGEMENT

(1.) This second appeal has been filed against the Judgment and Decree dated 22.03.2000 passed in A.S.No.121 of 1999 by the learned II Additional District Judge, Erode, modifying the judgment and decree dated 19.07.2015 passed in O.S.No.78 of 1992 on the file of the learned Subordinate Judge, Dharapuram.

(2.) The second defendant is the appellant herein. The trial Court while allowing the suit for partition, had held that the alienation in favour of this appellant by the first defendant as valid transaction and excluded that portion of the property from partition. The first appellate Court omitted to determine the correctness of this finding and hence, this appeal.

(3.) The brief facts, which led to the filing of this second appeal, are as follows: