MUTHUKANNU Vs. KARUPPANAN

JUDGEMENT

(1.) The plaintiffs, who have lost the suit for partition of the suit properties successively before the Courts below, have approached this Court in this Second Appeal. The parties would be referred to by their rank before the trial Court.

(2.) The admitted facts on both sides is that the suit properties originally belonged to one Karuppanan Servai; that on his demise, the properties devolved on his sons, Vellayan Servai, Maruthai Servai and Chidambaram Servai. According to the plaintiffs, Vellayan Servai died issueless and his right in the property devolved on his other two brothers. On the demise of Maruthai Servai, his right on the property devolved on his son Muthian Poosari, after whose demise, the rights on the property devolved on his sons, who are arrayed as defendants 1 and 2. So far as Chidambaram Servai is concerned, on his death his son Veerasamy succeeded to the suit property and on his death, the properties devolved equally on his three daughters, who are the plaintiffs. According to them, the properties remained undivided and the defendants are attempting to alienate the properties. There were exchange of notices between the parties, but the defendants did not agree for a partition. Hence, the suit was laid.

(3.) The defendants would contend that;