PERUMAL REDDIYAR Vs. PETHU REDDIAR

JUDGEMENT

(1.) THE fourth defendant has filed this appeal having lost in both the Courts.

(2.) THE plaint averments in brief are as follows:- One Pethu Reddiyar and Sivakami Ammal, the first respondent and the deceased second respondent filed the suit for declaration and injunction against the third respondent, fourth respondent, fifth respondent and the deceased appellant. According to the plaintiffs, the suit properties belonged to Ambalam Perumal Reddiyar, Thimmu Reddiyar and Thirumalaiappa Reddiyar and the patta No.201 stood in the name of Ambalam Perumal Reddiyar. In the suit filed in O.S.No.65 of 1945 before the Sub-Court, Tuticorin, the above Thimmu Reddiyar and the plaintiffs" who are the settlees from him were the plaintiffs and the above Thirumalaiappa Reddiyar and Sivakami Reddiyar wife of Perumal Reddiyar were the defendants. It was a partition suit. A final decree was passed on 15.1.1948 and the suit properties were allotted to the plaintiffs. THE suit properties were contained in the Jamin Adangal MelManthai Village 69 A to D and 66 D and 66 J. THE present survey numbers for these properties is 342 comprising of 8 acres 75 cents and 343/2 comprising of 6 acres and 28 cents. THEre was an oral partition amongst the plaintiffs 2 to 4 in the above O.S.No.65 of 1945, in which the properties were allotted to the first and second plaintiff and they were enjoying the property ever since then.

(3.) THE second plaintiff adopted the first plaintiffs reply statement in which the various averments made in the written statement were denied. An additional written statement was also filed by the third respondent. THEreafter, the trial Court framed as many as five issues and two additional issues and held that the suit was maintainable and decreed the suit as prayed for. Against that, an appeal was filed which was dismissed. THEreafter, the second appeal is filed in which the following substantial questions of law have been raised:-