JUDGMENT :

THE HON'BLE MR.JUSTICE P. DHANABAL

Prayer : This Appeal Suit has been filed under Order 41 Rule 1 and 2 r/w. Section 96 of C.P.C., to set aside the judgment and decree made in O.S.No.11 of 2013 on the file of the Principal District Court, Pudukottai dated 30.11.2015 and to dismiss the suit by allowing the appeal.

This Appeal Suit has been filed as against the judgment and decree passed in O.S.No.11 of 2013 on the file of the Principal District Court, Pudukottai dated 30.11.2015, wherein the first respondent herein being the plaintiff has filed the suit against the appellant herein and respondents 2 to 4 herein. The trial Court has decreed the suit and as against the decree and judgment passed by the trial Court, the present appeal has been filed by the first defendant.

2. For the sake of convenience and brevity, the parties herein after will be referred to as per their status/ranking in the Tribunal.

3. The averments of the plaint are as follows:

Originally the suit property belongs to one Vaithiyalinga Chettiyar and thereafter the said Vaithiyalinga Chettiyar died. Then the property was inherited through one Manoharan, S/o. Vaithiyalinga Chettiyar. After the demise of the sai