DEVASIRONMANI Vs. T RAJATHANGAM

JUDGEMENT

(1.) DEFENDANTS 2 and 3 in O. S. No. 573 of 1984, on the file of the District Munsif's Court , nagercoil, are the appellants.

(2.) MATERIAL averments in the plaint may be stated as follows: Plaint property, according to plaintiff, belonged to him and first defendant as per settlement deed dated 3. 10. 1959, registration copy of which is marked as Ex. A-l. The property originally belonged to their father daveed Nadar. It is the case of the plaintiff that on the basis of Ex. A-1, they obtained absolute title. It is a gift. In spite of various demands, defendants are not co-operating to effect a partition.

(3.) AT the time of admission of second appeal, the following substantial question of law was raised for consideration: "what is the nature and effect of the document dated 3. 10. 1979 which has been marked as Ex. A-1 in the trail Court and whether the judgment of the lower appellate court is correct""