RAMASAMY Vs. VENKATACHALAM

JUDGEMENT

(1.) THESE Second Appeals arise out of the common Judgment against the concurrent findings of the Courts below dismissing the Appellant's suit O.S.No.124/2004 and decreeing the suit O.S.No.528/2001 filed by the Respondents/D10 and D11 and granting declaration of title in favour of Defendants 10 and 11 and passing preliminary decree for partition in their favour. For convenience, parties are referred as per their array in the suits.

(2.) SUBJECT matter was involved in a chain of litigations. To appreciate the contentious points, it is necessary to refer to the factual background. Uncontroverted facts are as follows:- Suit properties relate to the lands comprised in S.F.No.134/4, Kumilamparappu village, Bhavani Taluk corresponding to old S.Nos.116/B, 117/B, 121/F, 122/A, B, C, D and E and 123/A, B, C an extent of 9.65 acres ( 3.98.5 hecares). Properties are the ancestral properties of one Varanavasi Gounder.

(3.) APPELLANT/Plaintiff Ramasamy filed O.S.No.800/1996 before District Munsif Court, Erode for declaration that he is the owner of S.F.No.134/4 corresponding to old S.F.Nos. 116/B 127/B 121/F 122/A, B, C, D and E and 123/A, B, C total extent of 9.65 acres and for consequential injunction. Suit O.S.No.800/1996 was transferred and re-numbered as O.S.No.124/2004 on the file of I Additional Sub-Court, Erode.