JUDGMENT :

(Prayer: Second Appeal is filed under Section 100 of Civil Procedure Code, praying against the judgment and decree dated 17.11.2009 made in A.s.No.8 of 2009 on the file of the Sub-Court, Dharapuram confirming the judgment and decree dated 16.04.2008 made in O.S.No.14 of 2005 on the file of the District Munsif Court, Kangayam.)

(The case has been heard through video conference)

1. This appeal is directed against the concurrent finding of the Courts below allowing the suit for declaration and injunction in respect of cart track marked as “ABCD” in the sketch attached to the plaint.

2. The brief facts:

The suit schedule property is inherited by the plaintiff and the defendant through their father Chennimalai gounder. It is their ancestral property, which was inherited from Chennimalai gounder, who had two sons by name Sivanmalai gounder and Kuppanagounder. On 27.04.1976 Sivanmalai gounder (plaintiff) and Chinnanan @ Appachi gounder (defendant), who is the son of Kuppanagounder, entered into a partition. As per the partition deed, ‘A’ schedule property was allotted to Kuppanagounder the father of the defendant and ‘B’ schedule property was allotted to Sivanmalai gounder (plaintif