T.RAJA
A. Devi – Appellant
Versus
M. Joghee (died) – Respondent
1. The present second appeal has been brought by the unsuccessful plaintiffs seeking interference with the concurrent findings of both the courts below.
2. The brief facts leading to filing the present second appeal is as follows :
The appellants/plaintiffs filed a suit on the file of the learned Subordinate Judge, Nilgiris at Udhagamandalam praying a decree for partition of suit property covered in Survey Nos.251/2A, 251/2B, 251/2C, 251/2D, 251/2E and 251/2F comprising an extent of 23.28acres of lands and also partition of another land covered in Survey Nos.261/1, 261/2, 261/3, 261/4 and 261/5 having an extent of 9.21 acres and to pass judgment and preliminary decree for the land comprised an extent of 11.91 acres to the plaintiffs in S.No.251 situated in Ithalar Village and also judgment and decree to the extent of 4.60acres in S.No. 261 with consequential prayer to appoint a Court commissioner to effect partition and allot the shares to the plaintiffs for which the plaintiff's are entitled in terms of the preliminary decree.
3. The suit prayer was opposed by the defendant by filing a detailed written statement. Though, the defendants have taken several objections,
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