S MUTHU Vs. R CHANDRAMOHAN

JUDGEMENT

(1.) THE appeal in A.S.No.931 of 1997 is preferred by the plaintiff in O.S.No.8662 of 1995 against the Judgment and Decree, dated 29.08.1997 made in the said suit on the file of the VII Assistant Judge, City Civil Court, Chennai.

(2.) THE appeal in A.S.No.26 of 2001 is preferred by the plaintiff in O.S.No.2967 of 1998 against the Judgment and Decree, dated 28.06.2000 made in the said suit, on the file of the VII Additional Judge, City Civil Court, Chennai.

(3.) THE suit in O.S.No.8662 of 1995 is the first suit filed by the appellant in A.S.No.931 of 1997 and the appeal in A.S.No.26 of 2001 is also preferred by the appellant against his brother Chandramohan and another, seeking partition of half share in the schedule mentioned property therein. In the schedule of properties, there are six items and out of which, the first item is a residential house, situated in Sillukkuvarpatti village, Nilakottai Taluk, Dindugal District. THE second item is a wet land with a well, pumpset, which is being cultivated by the second respondent in the appeal. Item 3 to 6 are the properties situated at Chennai. According to the appellant / plaintiff, the first and second items of properties, situated at Sillukkuvarpatti village are the ancestral properties of himself and his brother, the first respondent herein and item Nos. 3 to 6 are the properties purchased by the first respondent from and out of the income of the ancestral properties at Chennai.