PARVATHI Vs. RATHINAM NADAR

JUDGEMENT

(1.) The appellants herein are the legal representatives of the deceased first defendant and have come forward with this Second Appeal challenging the preliminary decree for partition granted by the First Appellate Court. The suit however was dismissed by the trial court.

(2.) This appeal was not admitted. The first respondent however is represented by the counsel.

(3.) The case of the plaintiff is that the plaint 'A' schedule property is a plot in a layout and it was purchased by a certain Pitcha Muthu Moopanar under Ex.A.1 sale deed dated 15.07.1981. On his demise, this property devolved on three of his sons who are the defendants in the suit. While so, under Ex.A.2 dated 13.03.2001, the plaintiff had purchased the shares of the defendants 2 and 3. He would allege that prior to Ex.A.2 sale, there was an oral partition among the defendants and specific plots were allotted to them, and that Ex.A.2 sale deed deals with the plots so allotted to the defendants 2 and 3. Later, he came to know that the property was not partitioned, and hence he seeks partition of his 2/3 rd share in the suit property. The property which Ex.A.2 covers is scheduled as the second schedule property.