CHELLAMUTHU GOUNDER (DIED) Vs. THIRUMALAISAMY GOUNDER

JUDGEMENT

(1.) The plaintiff in O.S.No.149 of 1995 on the file of the District Munsif Court, Palani, is the appellant herein.

(2.) O.S.No.149 of 1995 had been filed by the plaintiff, Chellamuthu Gounder, against four defendants, Thirumalasi Gounder, Valliammal, Govindasamy and Thirumalaisami, seeking a judgment and decree for declaration of title, partition of his 1/3 undivided share in the suit property and for separate possession. The said suit was partly decreed with respect to the declaration of title of 1/3 undivided share and dismissed with respect to the other reliefs. The plaintiff, then filed an appeal in A.S.No.34 of 1998, which came up for consideration before the Subordinate Judge, Palani, who, by judgment dated 21.01.2004, dismissed the appeal and confirmed the judgment and decree in O.S.No.149 of 1995. Challenging the said judgment and decree, the plaintiff had filed the present second appeal.

(3.) Pending the second appeal, the plaintiff / appellant, Chellamuthu Gounder, died and his legal heirs have been brought on record as 2-6 appellants.