BALU ALIAS BALAKRISHNAN Vs. MINOR B SASIKUMAR

JUDGEMENT

(1.) This appeal has been preferred by the writ defendant in O.S.No. 136 of 1984 on the file of the Sub Court, Madurai. Heard Mr. T.R. Rajaraman, learned Counsel appearing for the appellant Mr. R. Dhamodharan, learned Counsel appearing for the respondents 1 and 2, M/s. Iyer and Dolia appearing for the 7th respondent Mr. S. Sundaragopal, learned Counsel appearing for the 8th respondent and Mr. N. Visakamurthy, learned Counsel appearing for respondent No. 11.

(2.) For convenience, the parties to this appeal shall be referred as arrayed before the trial Court.

(3.) The case of plaintiffs: The minor plaintiffs 1 and 2 through their mother and next friend instituted the suit O.S.No. 136 of 1984 seeking the relief of partition and separate possession of 2/5th share in items 1 and 2, 2/3rd share in items 3 and 4 of the plaint schedule and for a direction to pay mesne profits. The first defendant is the father of the plaintiffs. The minor plaintiffs and defendants 1 to 5 are members of the joint family who belong to Ramayana Chavadi Yadava community in Madurai Town, their family occupation being agriculture and trading in milk, cows and buffaloes. The 5th defendant is the mother of defendants 1 to 3. The 4th defendant is the daughter of the 5th defendant and sister of defendants to 3. Mieyana Konar father of defendants 1 to 4 and husband of the 5th defendant died intestate and the properties left by him is governed by intestate succession under the Hindu Succession Act, 1956.