PICHAIPILLAI Vs. SIVASAMI PADAYATCHI

JUDGEMENT

(1.) This second appeal has been filed by the appellants/defendants 2 and 3 against the judgment and decree passed by the Sub-Judge, Ariyalur, in A.S.No.157 of 1994 dated 12.04.1999 reversing the judgment and decree passed by the District Munsif, Jayamkondam, in O.S.No.339 of 1992, dated 29.07.1994.

(2.) The respondent herein has filed a suit in O.S.No.339 of 1992 on the file of the District Munsif, Jayamkondam, to declare that the defendants 1 and 3 are having only life interest in the suit properties and they have no right to create encumbrance in the suit properties and after their life time, the suit properties to be divided into two equal shares and one such share be allotted to him. During pendency of the said suit, the first defendant died. The learned District Munsif has dismissed the said suit by his judgment dated 29.07.1994. Feeling aggrieved, the respondent herein has filed an appeal in A.S.No.157 of 1994 on the file of the Sub-Judge, Ariyalur. The learned Sub-Judge by his judgment dated 12.04.1999 has allowed the said appeal and passed a preliminary decree as prayed for. Aggrieved by the same, the defendants 2 and 3 have preferred the present second appeal. For the sake of convenience, the parties are referred to as described before the trial Court.

(3.) The averments made in the plaint are briefly as follows: