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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.MALA
Mirthinjiya Bhattar, [Died] – Appellant
Versus
S.N. Subramanian, S/o. Late Nainakannu Bhattar – Respondent
JUDGMENT :
N. MALA, J.
(1) The unsuccessful defendant is the appellant in the Second Appeal. The Second Appeal arises out of the judgment and decree dated 13.11.2006, passed in AS.No.194/2006, by the learned II Additional District Judge, Madurai, modifying the judgment and decree of the Trial Court dated 29.04.2003, made in OS.No.267/1992, by the learned II Additional Subordinate Judge, Madurai.
(2) For the sake of convenience, the parties are referred to, as per their ranking before the Trial Court.
Facts in brief:-
(3) The plaintiffs filed the suit in OS.No.267/1992, for partition and separate possession and for rendition of accounts. The suit properties are situate in Tirupparankundram Village. The plaintiffs contend that the suit properties along with the other properties, originally belonged to one Nainakannu Bhattar [Senior]. On the death of Nainakannu Bhattar [Senior], his two sons, namely, Chella Bhattar and Subramania Bhattar [Senior], inherited his properties as his legal heirs. On the death of Chella Bhattar, his wife Subbammal, filed a suit in OS.No. 540/1971, on the file of the Sub Court, Madurai, for partition of her share in the suit properties. In the said suit for parti
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