MEENAKSHI Vs. MURUGAN

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 30.9.2008, made in A.S.No.24 of 2007, on the file of the Principal District Court, Tiruvallur, confirming the judgment and decree, dated 19.4.2006, made in O.S.No.143 of 2000, on the file of the Subordinate Court, Tiruvallur.

(2.) THE plaintiffs in the suit, in O.S.No.143 of 2000, are the appellants in the present second appeal. THE defendants in the said suit are the respondents herein. THE plaintiffs had filed the suit, in O.S.No.143 of 2000, on the file of the Subordinate Court, Tiruvallur, praying for the relief of partition, separate possession and permanent injunction against the defendants therein and for costs.

(3.) THE defendants 1 and 2 and 5 to 10 are entitled to only 1/6th share in the suit properties. THE plaintiffs are entitled to 2/3 rd share, while the third and the fourth defendants are also entitled to 1/6th share of the said properties. Since, the plaintiffs and the defendants 3 and 4 are in joint possession of the suit properties and as it was not convenient for them to enjoy the suit properties, jointly, the plaintiffs had filed the suit for partition and for separate possession.