AMBALAVANAN Vs. MUTHUKUMARASAMY

JUDGEMENT

(1.) This Second Appeal has been filed by the plaintiff against the Judgment and Decree passed in A.S.No.75 of 1999 on the file of the Principal District Judge, Nagapattinam dated 30.03.1999 reversing the Judgment and Decree of the Additional Sub-Judge, Myladuthurai in O.S.No.76 of 1994 dated 12.12.1996.

(2.) The appellant herein has filed a suit in O.S.No.76 of 1994 on the file of the Additional Sub-Judge, Myladuthurai, to divide the suit properties into 18 equal shares and allot 7 such shares to him and for mesne profits. The learned Additional Sub-Judge, Myladuthuai by his Judgment dated 111996 passed a preliminary decree directing to divide the suit properties into 18 equal shares and allot 7 such shares to the plaintiff. In respect of mesne profits, he directed the plaintiff to take separate proceedings. Aggrieved by the same, the second defendant has filed an appeal in A.S.No.75/1997 on the file of the Principal District Judge, Nagapattinam. The learned Principal District Judge has allowed the said appeal with costs and set aside the Judgment and Decree passed by the trial court. As against the said Judgment and Decree, plaintiff has filed 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 in brief as follows: