JUDGMENT

R. BANUMATHI, J.

This appeal arises out of the judgment dated 13.04.2006 passed by the High Court of Madras at Madurai Bench in Second Appeal No.255 of 2005 in and by which the High Court set aside the final decree passed by the trial court and affirmed by the First Appellate Court by holding that the appellant/plaintiff cannot lay a claim in respect of Survey No.988 which the first respondent/second defendant claims entitled to.

2. Brief facts as seen from the Plaint averments are as follows:-

The suit properties that is plaint A Schedule property and Plaint B Schedule property belonged to Kali Pillai, Krishna Pillai and others of Varukkapilavila Veedu, which was outstanding on a mortgage. On 27.12.1088 M.E.(11.08.1913) Kali Pillai, Krishna Pillai, Champakakutty Pillai alias Bhagvathi Pillai and Kalyani Pillai and Lakshmi Pillai mortgaged the said properties to Kutti Bhagvathi for Rs.785/-(Rs.109.04). The mortgage was an usufructuary with Kuzhikkanam for a period of twelve years. While Kutti Bhagvathi was enjoying it, she assigned her mortgage right to Eravi Pillai Parvathi Pillai from whom Parameswaran Pillai of Kavavilai got an assignment under deed No.1231 of 1107 and c