JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 13.9.2013 made in A.S.No.58 of 2012 on the file of the Subordinate Judge, Kallakurichi reversing the judgment and decree in OS.No.699 of 2008 dated 27.6.2012 on the file of the I Additional District Munsif, Kallakurichi.)

1. The present second appeal is a textbook case as to how a litigant can manipulate and agitate a suit before a Court by clever drafting creating an illusion as if there is a cause of action for one of the property which falls within the jurisdiction of the Court and whereas the real dispute is with regard to another property which does not fall within the territorial jurisdiction of the Court and which otherwise could not have been tried by the Court and will be hit by the principle of coram non judice.

2. The defendants are the appellants in this Second Appeal.

3. The respondent/plaintiff filed a suit on the ground that the 1st schedule of the suit properties are the self-acquired properties of the paternal grandfather of the plaintiff and the 2nd schedule properties are the ancestral properties of the paternal grandfather which fell to his sh