AMARAVATHI Vs. SANKARANARAYANAN

JUDGEMENT

(1.) The suit properties in the suit, out of which this second appeal arises is contained in three Schedules. Three Schedules in the plaint are one plot of land each. In Schedule I, the plot admeasures 1542 Sq. ft. or thereabouts and there is a small superstructure thereon. Schedule II is a plot admeasuring 1247 Sq. ft or thereabouts and Court is informed that there is no superstructure thereon. Schedule III is a plot admeasuring 731 Sq. ft and Court is informed that there is no superstructure on this plot also. To be noted, the measurements in the plaint are given in different units, but conversion into Sq. ft. was done at the hearing by both the learned Counsel and there is no dispute or disagreement between the two learned Counsel with regard to the extent, though the extent is not of any great relevance in the instant second appeal.

(2.) Before adverting to facts further, it is necessary to set out a genealogy which was placed before this Court by both the learned Counsel. Though this genealogy was not marked in the Courts below, for the purpose of ease of reference and for the purpose of clarity / convenience in the hearing, both the learned Counsel submitted in unison that the undisputed genealogy may please be looked into. The genealogy is as follows:

(3.) Two daughters and one grand son (son of the pre-deceased son) of one Thuraichi, filed a suit being O.S.No.421 of 2005, on the file of the Principal District Judge's Court, Tirunelveli, on 26.07.2005. In this suit, there were three defendants. The three defendants are the three sons of one Essaki Muthu.