ARUMUGHAN Vs. SIVAKAMI

JUDGEMENT

(1.) The suit for partition was dismissed by the courts below holding against its maintainability. Aggrieved the plaintiff is in appeal.

(2.) The plaintiff claims for partition and separate possession of 1/2 share over 3 cents of property. The property originally belonged to one Kuttappan, the husband of the 1st defendant and father of defendants 2 and 3, and the 1st defendant. In execution of a decree for money in O.S.No.338/2004, the 1/2 right of Kuttappan over the plaint schedule 3 cents was sold and purchased by the plaintiff herein, who is the decree holder in the said suit. It is thereafter, that the present suit is filed seeking partition of the half rights that has become vested with the plaintiff under the execution sale.

(3.) The defendants remained exparte.