JUDGMENT :

C. SARAVANAN, J.

Prayer: Second Appeal filed under Section 100 of Civil Procedure Code, 1908, against the Decree and Judgment dated 17.04.2007 made in A.S. No. 4 of 2006, on the file of the Subordinate Court at Krishnagiri, which confirmed the Decree and Judgment dated 27.09.2004, made in O.S. No. 368 of 1989 on the file of the District Munsif Court, at Krishnagiri.

1. This case was not admitted when it was listed for admission. On the other hand, notice of admission was ordered without framing substantial questions of law. The successful plaintiffs, who are the first to third respondents herein are thus present and are represented by their counsel.

2. With the consent of the learned counsel for the appellants and the first to third respondents, this appeal was taken up for final hearing and final disposal. For the sake of clarity, the ranks of the parties before the Trial shall be referred.

3. In this appeal, the appellant (second defendant) has raised the following questions of law for consideration:-

(i) Whether the Courts below erred in not framing an issue to determine who was really the owner of the suit schedule property, i.e. Ellammal and the third defendant Chinnatham