M MUTHUPANDU RAYAR Vs. PAZHANIAMMAL

JUDGEMENT

(1.) The defendant in O.S.No.51 of 1995 on the file of the District Munsif Court, Periyakulam is the appellant herein. The said suit had been filed by two plaintiffs Palaniammal and her son Sathishkumar, seeking partition and separate possession of 1/2 share in the suit property and for past and future mesne profits. The said suit came up for consideration before the District Munsif Court, Periyakulam, and by judgment and decree dated 07.08.1998, the suit was dismissed with costs. Challenging that Judgment, the plaintiffs filed A.S.No.97 of 1998 which came up for consideration before the Additional District Court/Fast Track Court No.IV, Madurai. By judgment and decree dated 30.09.2005, the appeal was allowed and the suit was decreed. Aggrieved by that judgment, the defendant had filed the present second appeal.

(2.) At the time of admission, the following two substantial questions of law had been framed for consideration:

(3.) During the course of arguments, with the consent of both the learned counsel, the following additional substantial question of law had been framed for consideraton: