JUDGMENT

(Prayer: Second Appeal filed Under Section 100 of the Code of Civil Procedure against the Judgment and Decree dated 19.12.2012 made in A.S.No.65 of 2012 on the file of the learned Principal Subordinate Judge and Appellate Authority, Coimbatore reversal of the Judgment and Decree dated 12.03.2012 made in O.S.No.1506 of 2006 on the file of the Third District Munsif, Coimbatore.)

1. The defendant is the appellant in this Second Appeal.

2. The respondent/plaintiff filed the suit seeking for the relief of redemption of mortgage and for delivery of possession of the second item of the suit property.

3. The case of the plaintiff is that the suit property originally belonged to the father of the plaintiff. During his lifetime, he executed a Will dated 20.10.1994, marked as Ex.A1 in favour of his sons. He had four sons. The “C” schedule property was allotted in favour of the plaintiff and the “B” schedule property was allotted in favour of the defendant. “D” schedule property was allotted in favour of another brother Paramasivam. The further case of the plaintiff is that the plaintiff and the defendant are doing business in the suit property. The said Paramasivam who was allotted the “