S.No.34 and this property was earmarked as Schedule 'D' in the Partition Deed. After being allotted to an extent of 2.42 ½ acres, the said Manickka Mudaliar had been bequeathed one acre on the plaintiff under the Will dated 09.08.1984 and sold one acre to Dr.Thamas lelaving with him just 42 ½ cents in S.No.34. After excluding these two items, the remaining extent of land is only 42 ½ cents since the plaintiff's father got only 2.42 ½ acres in Survey No.34 under the Partition Deed dated 19.08.1951. The plaintiff's father had right for patta only to an extent of 2.42 ½ acres. The Mortgage Deed dated 17.03.1973 would not clothe the plaintiff with the right of 2.82 acres as claimed. The defendant had denied the allegations contained in the Plaint regarding the removal of the survey stones, gathering rowdy elements, etc., The defendant would submit that the plaintiff's father had been called for an enquiry on 23.06.1964 with reference to the sub division of S.No.34. The Tahsildar, Vellore, had sent a notice dated 17.06.1964 in this regard, however, the plaintiff's father remained absent.
