S ANJALA Vs. JALAKANDAN

JUDGEMENT

(1.) Challenge in this second appeal is made by the plaintiff against the Judgment and decree dated 23.07.2010 made in A.S.No.39 of 2008 on the file of the Subordinate Court, Gudiattam, reversing the Judgment and Decree dated 16.04.2008 made in O.S.No.213 of 2003 on the file of the District Munsif Court, Gudiattam.

(2.) The Second Appeal is admitted and the following substantial question of law is formulated for consideration in this Second Appeal:

(3.) The suit has been laid by the plaintiff for declaration, permanent injunction and possession. The plaintiff claims title to the suit property under the Sale Deed dated 01.08.1996, which has been marked as Ex.A1. From the evidence adduced in the matter, it is found that the entire property in S.No.1/8B of a total extent of 1.63 acres including the service connection No.48 originally belonged to one Chella Gounder and his sons had orally partitioned the above said properties in the year 1982, wherein, each of the sons had been allotted 5 cents of land in the property for constructing a house and further, in the remaining extent, 8 cents of land was left out as common in which a well, 5 HP Motor pump set and the service connection is situated and as regards the further remaining extent of 1.30 acres, Krishna Gounder was allotted 28 cents, Velu Gounder and the first defendant Jalakandan were allotted 25 cents each, the other two sons namely Margabandhu and Sadhasivam had been allotted 26 cents each. It is also found that the above said oral partition had been subsequently reduced into writing by way of a Koorchit on 26.01.1992 and the same has been marked as Ex.A6.