HERO VINOTH Vs. SESHAMMAL

JUDGEMENT

(1.) Appellant calls in question legality of the judgment rendered by a learned Single Judge of the Madras High Court allowing the Second Appeal filed by the defendant i.e. respondent herein under Section 100 of the Code of Civil Procedure, 1908 (in short 'CPC').

(2.) Material facts in a nutshell are as follows :

(3.) A Partition deed dated 23.11.1950 was executed among five brothers; Narayanaswami, Parangusa Chettiar, Purushothaman Chettiar, Radhakrishnan Chettiar and Aravamutha Chettiar. Under the said partition, 'C' Schedule items were allotted to Purushothaman Chettiar and 'E' schedule items were allotted to Aravamutha Chettiar. Under the said partition, a portion of property No.418/5, South Pidari Street, Seerkazi measuring 19'6" + 22'6" x 160'/2 was allotted to Purushothaman Chettiar and another portion to the east thereof measuring 22'6" x 160' was allotted to the share Aravamutha Chettiar. On the death of Aravamutha Chettiar, his portion of R.S. No.418/5 was purchased by plaintiff from his legal heir. Defendant is the widow of Purushothaman Chettiar and her property is situated on the western side of plaintiff's property, which was originally allotted to Aravamutha Chettiar.