SAMBANDAM PILLAI Vs. CHINNAMANI PILLAI

JUDGEMENT

(1.) In this second appeal, challenge is made to the judgment and decree dated 22.07.2004, passed in A.S.No.31 of 2004, on the file of the District Court, Nagapattinam, confirming the judgment and decree dated 08.01.2004, passed in O.S.No.48 of 2002, on the file of the Additional Subordinate Court , Mayiladuthurai.

(2.) The second appeal has been admitted on the following substantial questions of law:

(3.) Claiming that the suit property is the joint property belonging to the plaintiff and his brother, the defendant, by way of a sale deed dated 21.03.1966, according to the plaintiff, he is entitled to half share in the suit property and inasmuch as the defendant had failed to effect partition and allot his due share in the property despite several requests and also the issuance of notice, it is stated that he has been necessitated to lay the suit for partition.