M GANAPATHY Vs. M KANDAN

JUDGEMENT

(1.) This case is an exception to the age old maxim 'Blood is thicker than water'. It is a good but unfortunate exception. It is a good exception because it is difficult to find closer exceptions. Unfortunate exception because the adversaries in the instant case are blood brothers. In other words, the adversaries are siblings.

(2.) This litigation commenced one decade and one year ago. To be precise, it commenced on 28.02007, when one Ganapathy, filed a suit against his elder brother Kandan, being O.S.No.7 of 2007, on the file of 'Sub Court, Arupukottai', which shall hereinafter be referred to as 'trial Court', for the sake of convenience and clarity.

(3.) Prayer in the suit was for partition of plaint schedule property and separate possession of half share in the same. Plaint schedule property is a piece of land admeasuring 10 cents or thereabouts and it is situate in Aruppukottai Village, Aruppukottai Sub District in West Ramanathapuram Registration District. This property as described in the plaint mentions that there is a superstructure thereon at the time of filing of suit and it is as follows: