PACHIAMMAL Vs. PONNUSWAMI UDAYAR

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs against the judgment and decree passed by the II Additional District Judge, Tiruchirapalli, in A.S.No. 321 of 1997 dated 18.09.1998, reversing the judgment and decree passed by the Subordinate Judge, Ariyalur, in O.S.No.97 of 1990 dated 27.09.1996.

(2.) The Appellants herein had filed a suit in O.S.No.97 of 1990 on the file of the Sub-Judge, Ariyalur, to divide the suit property into two equal shares and allot one such share to them and also for rendition of accounts. The learned Sub-Judge, Ariyalur, by the judgment dated 27.09.1996 had passed a preliminary decree directing to divide item Nos.1, 5, 7, 8, 11, 13, 19, 20, 28 and 29 into eight equal shares and allot three such share to the first plaintiff and one such share to the second plaintiff. In respect of other items he directed to divide the said items into four equal shares and allot one such share to the first plaintiff. He has not granted any relief with regard to the prayer for rendition of accounts. Feeling aggrieved, the defendants 1, 3, 4, 7 and 8 filed an appeal in A.S.No.321 of 1997 on the file of the II Additional District Judge, Tiruchirapalli. The learned II Additional District Judge, Tiruchirapalli, by the judgment dated 18.09.1998 had allowed the said appeal and set aside the judgment and decree passed by the trial Court in O.S.No.97 of 1990 and dismissed the said suit without costs. Aggrieved by the same, the plaintiffs have filed the present Second Appeal.

(3.) For the sake of convenience, the parties are referred to as described before the trial Court.