JUDGMENT :

THE HONOURABLE MR. JUSTICE S.SOUNTHAR

Prayer: Second Appeal filed under Section 100 of the Civil Procedure Code, praying to set aside the judgment and decree of the Court of the Subordinate Judge, Avinashi, dated 11.01.2017 in A.S.No.1 of 2015 confirming the judgment and decree of the Court of the District Munsif, Avinashi, dated 27.04.2009 in O.S.No.311 of 2005.

The plaintiff in the suit is the appellant. The suit is for declaration of title and mandatory injunction seeking direction to the respondents to issue patta in the name of the appellant/plaintiff. The suit as well as First Appeal filed by the appellant herein have been dismissed. Hence the appellant is before this Court.

2. According to the appellant/plaintiff, suit property originally belonged to Chinnan Chettiar and family. In the year 1901, there was a registered partition between son of Chinnan Chettiar viz., Karuppan Chettiar and his two sons Viswanathan Chettiar and Venkatachalam Chettiar. In the said partition, the suit property in S.F.No.93 was allotted to Viswanathan Chettiar under ''B'' schedule to partition deed. As per the recitals in the document an obligation was imposed on Viswanathan Chettiar to per