C. B. PANCHAKSHARA MUDALIAR Vs. VALLIAMMAL

JUDGEMENT

(1.) The plaintiff in O.S.No.503 of 1983 on the file of the District Munsif Court, Chengalpet, is the appellant in both the Second Appeals. The suit in O.S.No.503 of 1983 had been filed by the plaintiff C.B.Panchakshara Mudaliar originally against two defendants namely, Valliammal and her younger brother Sathiyappan, seeking a judgment and decree of partition of the suit properties into four equal parts and to allot him three such parts in item No.2 and two such parts in item No.1 and also for damages of Rs.2,500.00 being the value of Velikathan trees alleged to have been cut and carried away by the defendants and for costs of the suit.

(2.) Pending the suit, the 2nd defendant, Sathiyappan died and his legal representatives were brought on record as 3rd to 5th defendants. By judgment dtd. 29/7/1993, the suit was decreed with respect to grant of partition and separate possession, but dismissed with respect to the relief of damages for the value of the Velikathan trees said to have been cut and carried away by the defendants. Questioning the denial of grant of damages, the plaintiff filed A.S.No.10 of 1994 before the Additional Sub Court, Chengalpet and questioning the grant of partition and separate possession, the 1st defendant Valliammal filed A.S.No.50 of 1993 also before the Additional Sub Court, Chengalpet. Both the appeals were heard together and a common judgment was delivered on 28/6/1994. The learned Additional Sub Judge, Chengalpet allowed A.S.No.50 of 1993 and dismissed A.S.No.10 of 1994. In effect, the suit in O.S.No.503 of 1983 was dismissed in entirety. Questioning the judgment of the First Appellate Court in the two appeal suits, the plaintiff, C.B.Panchakshara Mudaliar filed S.A.No.1166 of 1994 against the judgment in A.S.No.50 of 1993 and S.A.No.1167 of 1994 against the judgment in A.S.No.10 of 1994.

(3.) S.A.No.1166 of 1994 had been admitted on the following three substantial questions of law:-