JUDGMENT :

Prayer: Second Appeal is filed under Section 100 of C.P.C., against the judgment and decree dated 15.06.2011 made in A.S.No.73 of 2009 on the file of the Principal Sub Court, Tirunelveli in confirming the judgment and decree, dated 21.07.2007 made in O.S.No.234 of 2003 on the file of the I Additional District Munsif Court, Tirunelveli.

1. Aggrieved over the concurrent findings of the Courts below decreeing the suit and dismissing the counter-claim by the defendant, the present Second Appeal is filed and the second appeal is pending in the notice of motion stage.

2. The parties are referred to as per their own ranking before the trial Court.

3. The brief facts leading to filing of the present Second Appeal are as follows:

3. (1). The plaintiffs' father, viz., Theivu Pillai and his brother viz., Ramasamy Pillai have partitioned the suit properties on 10.07.1964 and the properties were shown as A, B, C and D. The above said properties were allotted to Theivu Pillai and the northern portion was allotted to the defendant's predecessors viz., Ramasamy Pillai. After the partition, the buildings situated in the northern portion were allotted to Ramasamy Pillai. For that, owelty was p