MOHANRAJ Vs. VALLACHI AMMAL

JUDGEMENT

(1.) THE plaintiff in O.S. 331 of 1976 on the file of the District Munsif, Tirupattur, North Arcot District, who lost before both the courts below, is the appellant herein. He filed the said suit for partition and separate possession of 1/3rd share in the suit property. His case is that the property originally belonged to his father Alraj. He died intestate, leaving behind him, the appellant, first and second respondents, the widow and another son. THE third respondent herein purchased some of the items of the suit properties from the appellant's father and also from the first and second respondents. THE appellant was minor at the time of those sales. As the sales in favour of the third respondent were not for family necessity, the same will not bind the appellant herein. Even though the partition was sought for, the respondents 1 and 2 did not concede the request of the appellant and hence the suit.

(2.) THE first respondent filed a written statement, supporting the case of the appellant herein but remained ex parte.

(3.) AT the time of admission of the Second Appeal the following substantial question of law was framed: