SENNIAPPA GOUNDER Vs. GANDHIMATHI

JUDGEMENT

(1.) This second appeal has been filed by the first defendant against the Judgment and Decree passed in A.S.Nos.89 of 1998 dated 10.02.1999 on the file of the Sub-Judge, Bhavani, confirming the Judgment and Decree passed in O.S.No.556/1995 dated 17.04.1998 on the file of the Additional District Munsif, Bhavani.

(2.) The respondents 1 and 2 herein have filed a suit in O.S.No.556/1995 on the file of the Additional District Munsif, Bhavani, for the relief of partition and separate possession and for permanent injunction. The learned Additional District Munsif has decreed the suit as prayed for. Aggrieved by the same, the first defendant had filed an appeal in A.S.No.89/1998 on the file of the Sub Judge, Bhavani. The learned Sub- Judge, Bhavani, has dismissed the said appeal confirming the Judgment and Decree passed by the Trial Court. As against the same, the first defendant 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: