R KOMARASAMY Vs. PONNAMMAL

JUDGEMENT

(1.) THIS second appeal has been filed by the defendant, animadverting upon the judgment and decree dated 16.9.2008 passed by the learned Sub Court, Gobichettipalayam, in A.S.No,22 of 2008, confirming the judgment and decree dated 20.12.2007 passed by the learned District Munsif, Sathiyamangalam in O.S.No,231 of 2005. For convenience sake, the parties are referred to here under according to their litigative status before the trial Court.

(2.) A summation and summarization of the relevant facts, which are absolutely necessary and germane for the disposal of this second appeal, would run thus:

(3.) REMONSTRATING and refuting, challenging and impugning the averments/allegations in the plaint, the defendant filed the written statement contenting that the first item of the suit properties was purchased by Rakkiyagounder from out of the income derived from joint family nucleus the second item of the suit property was acquired exclusively by the defendant from out of his own earnings and accordingly, he prayed for the dismissal of the suit.