S ELANGOVAN Vs. S SEMBIAN

JUDGEMENT

(1.) This appeal has been preferred against the Judgment and decree in C.S.No.707 of 1994 dated 21.11.1997. The first defendant is the appellant. The suit is for partition and the suit schedule property is the land and building in plot No.31, R.S.No.4 part, Perikudai village, bearing No.31, 'B' block, 12th street, Anna Nagar East, Madras - 600 102, measuring an extent of one ground and 0875 sq. ft. For the sake of convenience the parties shall be referred to as described in the suit.

(2.) Suit Prayer: For a Judgment and decree against the defendants granting a preliminary decree of partition of the suit property and allot 5/12 share to the plaintiff, to direct the first defendant to pay a sum of Rs.30,000/- as past mesne profits and to pay the future mesne profit as determined by Court and the cost of the suit.

(3.) Relationship of parties (Not disputed):- Plaintiff and defendants 1 & 2 are the sons of late Thiru. R.Sowrirajan and the third defendant is his daughter. During the pendency of the above appeal, the plaintiff died and his wife Tmt.Leelavathy, son Mr.S.Azhagarasan and minor S.Karthik were brought on record as legal representatives. As S.Azhagarasan died pending appeal, a memo was filed and Tmt.Leelavathy and brother S.Karthick have been recorded as legal heirs for the deceased third respondent.