V.DHANAPALAN
R. Nainar Pillai – Appellant
Versus
Subbiah Pillai – Respondent
1. This appeal is preferred by the defendants who succeeded in the Trial Court but lost in the lower appellate court, challenging the judgment and decree of the lower appellate court in A.S. No.37 of 1993 reversing the judgment and decree of the Trial Court in O.S. No.92 of 1992.
2. The case of the plaintiff, in short, is as under:
i. The first and second schedule properties which are adjacent to each other originally belonged to his parents namely Chockalingam Pillai and Muppidathiammal who bequeathed the same to him by way of a registered will dated 09.02.1964 and in the said will, the plaint schedule properties were described as fifth item to the second schedule. The northern boundary of the suit scheduled properties belongs to Chellammal and Madasamy Pillai who are the predecessors-in-title to the appellants and the southern boundary is a street. The plaintiffs father dug a well in the first schedule property in the year 1965 and after his demise, the plaintiff enjoyed the same till 26.02.1961.
ii. The property in the third schedule to the plaint belongs to Madasamy Pillai whose properties were brought to sale in E.P. No.152 of 1964 and that was bought by Muppidathi Pi
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