Failure to establish oral partition and purchase led to the court upholding the trial court's decision.

1. In this second appeal, challenge is made to the judgment and decree dated 29.08.2001, passed in A.S.No.127/2000, on the file of the Principal District Court, Villupuram, modifying the judgment and decree dated 18.08.2000 passed in O.S. No.813/95, on the file of the II Additional District Munsif, Ulundurpet.

2. The second appeal has been admitted on the following substantial questions of law:

1. Whether on the facts and circumstances of the case, the first appellate Court was right in allowing the Appeal granting the reliefs in favour of the respondent in respect of item Nos.1 to 7 and 1.39 cents in Item No.8 without there being any evidence on record?

2. Whether the judgment and decree of the first appellate Court in granting the above said reliefs in favour of the respondent is based on proper appreciation of the evidence on record?

3. The suit has been laid by the respondent/plaintiff for the reliefs of declaration and permanent injunction.

4. In support of the plaintiff's case PWs 1 and 2 were examined, Exs.A1 to A23 were marked. On the side of the defendants DWs 1 to 8 were examined, Exs.B1 to B56 were marked.

5. On a consideration of the oral and documentary evidence adduced by the respective parties and the submissions made, the trial Court was pleased to dismiss the plaintiff's suit. However, the first appellate Court, on an appreciation of the materials placed on record, was pleased to grant the reliefs in favour of the plaintiff as regards items 1 to 7 and 1.39 cents in 8th item and accordingly, modified the judgment and decree of the trial Court. Impugning the same, the present second appeal has been preferred.

6. The plaintiff seeks title to the suit properties on the footing that he has acquired the suit properties under various sale deeds and exchange deed. Materials placed on record go to show that the suit properties and the other properties originally belonged to Chinnasamy konar, Duraisamy konar and Dhadha konar, sons of Kuppa konar. It is found that the defendants come under the branch of Dhadha konar, one of the sons of Kuppa konar. It is found that the plaintiff claimed to have acquired the suit properties from the legal heirs of Chinnasamy konar and Duraisamy konar. In brief, according to the plaintiff, the abovesaid three sharers had effected oral partition and by way of the said partition, the suit properties and other properties belonging to them having become divided, it is his case that he had acquired the suit properties as put forth in the plaint and accordingly, claimed to be in the possession and enjoyment of the same. The plea of oral partition as projected by the plaintiff is disputed by the defendants/appellants. According to them, the three branches divided the properties in equal shares orally and enjoying their respective allotted shares. On the other hand, the plaintiff would put forth the case that the suit properties and other properties belonging to the three sharers had been divided orally amongst them as put forth in the plaint. Thus, it is found that the plaintiff, to succeed in his pleas, should at the foremost establish that the three branches had divided the properties belonging to them as projected in the plaint. When the said claim of the plaintiff has not been established as projected, it is found that the further claim of the plaintiff that he had acquired the suit properties from the legal heirs of Chinnasamy konar and Duraisamy konar as if the suit properties had been allotted to the said two branches as such cannot be accepted without any material to establish the factum of partition as put forth by him. Accordingly, it is found that when the defendants are found to be the descendants of the one branch i.e., Dhadha konar branch and when the revenue documents projected in the matter on the side of the plaintiff and the defendants would go to show that all the members belonging to the three branches are in the joint possession and enjoyment of the suit properties and in