G.BALAMMAL Vs. NAGARAJ

JUDGEMENT

(1.) The appeal suit is directed against the judgment and decree dated 29.07.2003 passed by the learned Additional District and Sessions Judge (Fast Track Court-IV), Chennai in dismissing the suit in O.S.No.4112 of 1999.

(2.) The suit was instituted by Mr.Ganesan for partition and for declaration that the plaintiff is entitled to 1/4th share in the suit schedule property and for appointment of Commissioner to divide the share of the plaintiff and for costs.

(3.) Before institution of the suit, the suit schedule property was owned and enjoyed by the father of the plaintiff and his brothers as joint family property and they have partitioned the joint family property on 04.09.1962. The suit schedule property, more specifically, 'B' schedule was allotted to the father of the plaintiff. The suit 'A' schedule property was enjoyed by the plaintiff's father, the plaintiff and the defendants.