THANGAVELU Vs. SAMPOORNAM

JUDGEMENT

(1.) This appeal is filed as against the judgment and decree dated 30.6.2009 made in A.S. No. 326 of 2002, whereby the lower appellate Court has set aside the judgment and decree dated 6.9.2001 made in O.S. No. 607 of 1997, passed by the District Munsif Court, Namakkal and remanded the matter with a direction to permit the first respondent herein to mark the documents filed along with I.A. No. 8 of 2009 in A.S. No. 326 of 2002 and adduce the evidence on those documents and decide the case afresh.

(2.) The facts which are necessary to decide the issue involved in this appeal are as follows: The suit in O.S. No. 607 of 1997 was filed by the first respondent herein as against the second respondent herein for a partition of their house property. In the said suit, the third respondent herein viz., Perumal Gounder as well as one Sathiya were impleaded as the defendants 2 and 3. They were impleaded by way of abundant caution, since both of them were residing in the suit property. In the said suit, the said Sathiya, who was impleaded as defendant No. 3 filed a counter by making a counter claim on the ground of adverse possession. Pending the suit, the said Sathiya had died and his minor daughter viz., Selvi was impleaded as the defendant represented by her grand father Thangavelu, the appellant herein.

(3.) In order to prove the claim, on the side of the first respondent/plaintiff, the first respondent has examined himself as P.W.I and marked Exhibit P-l Sale Deed dated 11.9.1969 executed by Sampoornam and others in favour of one Mariyayee before the trial Court. On the side of the minor 3rd defendant, the grand father of the minor 3rd defendant, the appellant herein examined himself as D.W.I. That apart, one Thiyagarajan and the third and second respondent in these appeal examined themselves as D.W.2 to D. W.5. On an appreciation of the evidence, the trial Court dismissed the suit filed by the first respondent/plaintiff and decreed the counter claim made by the deceased Sathiya.