DEVARAJI GOUNDER Vs. KAMALANATHAN

JUDGEMENT

(1.) The appellant herein is the 1st plaintiff in the suit filed for declaring right of 4/6 share in the suit property.

(2.) The case of the appellant before the Trial Court is that, the suit schedule property in S.No.56/1, Kothampatti village, Vaniyambadi Taluk, to an extent of 8.50 acres is held by him and his brother along with 1 st & 3 rd defendants as a hindu undivided joint family property. The plaintiffs are entitled to 4/6 share and the 1st & 3 rd defendants are entitled for 1/6 th share each. The 2 nd defendant is trying to interfere the plaintiff's possession based on an alleged court auction purchase in an Execution Petition against the 1 st defendant. The 2 nd defendant can have no better title than the 1 st defendant through whom he claim title over the property. The 1 st defendant have only 1/6 th share in the suit property, hence suit for partition.

(3.) The suit was contested by the 2 nd defendant who has purchased a portion of the suit property from the Court auction purchaser. According to the 2 nd defendant, the suit property is not the joint family property of the plaintiff, 1 st and 3 rd defendants. It is self acquired property of the 1 st defendant, who has purchased the property from one Chinnana Achari and others on 31.10.1958. The 1 st defendant was enjoying the suit property separately and independently. The plaintiffs 3 & 4 are still minors and partition suit filed on their behalf is not maintainable.