JUDGMENT :

The plaintiff in O.S.No.710 of 2003, on the file of the learned I Additional Subordinate Judge, Erode, has preferred this Second Appeal.

2. Before the trial Court, the present appellant filed a suit seeking the relief of partition to divide the suit property into four equal shares by metes and bounds with reference to good and bad soil and allot one such equal share to the plaintiff. The learned 1st Additional Subordinate Judge, Erode, by judgment and decree dated 31.03.2008, allowed the suit and granted the decree, as prayed for.

3. Challenging the same, the respondents/defendants preferred an appeal in A.S.No.57 of 2008 on the file of the learned Additional District Judge (FTC-1), Erode and by judgment and decree dated 09.02.2009, the learned Additional District Judge (FTC-1), Erode, allowed the appeal and reversed the findings arrived at by the trial Court. Being dissatisfied with the said findings, the plaintiff in the above referred suit is before this Court.

4. For the sake of convenience, hereinafter the parties are referred to, as per their litigative status before the trial Court.

5. The laconic averments made in the plaint, are as follows :

(i) The plaintiff is deaf