R.MALA
T. S. Vijaya Rao – Appellant
Versus
Susila – Respondent
This second appeal arises out of the Judgment and Decree dated 30.01.2008 in A.S.No.35 of 2006 on the file of the Principal Subordinate Court, Pondicherry reversing the Judgment and Decree dated 27.03.2006 in O.S.No.440 of 2003 on the file of the II Additional District Munsif Court, Pondicherry.
2.The averments made in the plaint are as follows:-
The suit properties originally belonged to one Visvanadin @ Vissouvanadin and he had sold the same along with another item under a Notarial Sale Deed dated 14.02.1962 and duly registered on 27.02.1962 in favour of one T.K.Sambanda Rao, the father of the plaintiff. The said T.K.Sambanda Rao died intestate leaving behind the plaintiff along with brothers, sisters and mother are legal heirs to inherit and succeed to his estate including the suit properties . Subsequent to his death, the plaintiffs along with his brothers, sisters and mother partitioned the entire estate of T.K.Sambanda Rao. In the said partition, the suit properties fell to the share of the plaintiff. The plaintiff constructed a compound wall around the suit properties . Patta and Chitta also stands in the name of the plaintiff. The plaintiff having decided to constr
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