SRINIVASAN Vs. KANNAN

JUDGEMENT

(1.) This second appeal has been filed by the appellant/1st defendant challenging the judgment and decree passed by the first appellate Court in A.S.No.98 of 2006, whereby and whereunder the judgment and decree, dated 15.09.2006, passed in O.S.No.122 of 2003 by the trial Court is modified.

(2.) The respondents 1 to 3 herein as plaintiffs have filed the suit in O.S.No.122 of 2003 seeking to declare that the plaintiffs are entitled to

(3.) /5th share in the suit 'A' schedule and 'D' schedule properties and 1st plaintiff and 1st defendant are each entitled to half share in the suit 'B' and 'C' schedule properties and to pass a preliminary decree in respect of the plaintiffs' share in the suit property by metes and bounds and also to appoint a Commissioner to divide the properties by metes and bounds. The respondents 1 to 3 / plaintiffs also prayed to direct the 1 st defendant to render true and proper accounts for the income and expenditure of the suit properties. The Trial Court, after trial, passed the preliminary decree, which reads as follows: