M SUBRAMANIA MUDALIAR Vs. M VELU MUDALIAR

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree, dated 12.3.2007, made in A.S.No.66 of 2006, on the file of the Principal District Court, Chengalpattu, confirming the judgment and decree, dated 26.12.2005, made in O.S.No.29 of 2001, on the file of the Principal Subordinate Court, Chengalpattu.

(2.) THE plaintiff in the suit, in O.S.No.29 of 2001, is the appellant in the present second appeal. THE defendants in the said suit are the respondents herein. THE plaintiff had filed the suit, in O.S.No.29 of 2001, on the file of the Subordinate Court, Chengalpattu, praying for a decree for partition of the amounts covered by the schedule mentioned 17 fixed deposit receipts, into two equal shares and for the allotment or delivery of half share of the amounts to the plaintiff and for costs.

(3.) IT had also been stated that in the receipts relating to the amounts deposited by the plaintiff, as well as the first defendant, either the name of the plaintiff or the name of the first defendant had been shown as the first name. The fixed deposit applications had been signed by the plaintiff, as well as the first defendant. At the time of maturity of the deposits, the plaintiff had requested the first defendant to cooperate in the matter for the renewal of the deposits. However, the first defendant had refused to do so. In such circumstances, the petitioner had filed the suit, in O.S.No.29 of 2001, on the file of the Principal Subordinate Court, Chengalpattu.