KANNAMMAL Vs. VEMBANA GOUNDER

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 27.7.1994 passed in O.S.No,226 of 1983 by the I Additional Subordinate Judge, Erode.

(2.) NIGGARD and bereft of details, the facts giving rise to the filing of the suit, as stood exposited from the plaint could be set out thus:

(3.) THE gist and kernal of the averments in the written statement of D3 could be portrayed and parodied thus:THE deceased Nachimuthu Gounder executed a registered sale deed dated 15.6.1973, conveying the items 1(a) and (b) of 'C' Scheduled properties in favour of D3 there at he has been in exclusive possession and enjoyment of the same. Under one other registered sale deed executed in favour of D3, he is in possession and enjoyment of the second item of 'C' Scheduled properties as owner. THE 3rd and 4th items of the 'C' scheduled properties were settled by Nachimuthu Gounder as per the Registered Settlement Deed dated 19.12.1972 in favour of D3, whereupon he has been in possession and enjoyment of those properties. Accordingly, he prayed for dismissal of the suit for partition in respect of the 'C' scheduled properties.