VISVANATHAN Vs. RAMANUJAM

JUDGEMENT

(1.) This second appeal is directed against the judgment and Decree dated 23.01.2002 and made in A.S. No. 15 of 2001, on the file of the learned Additional District Judge, Nagapattinam, modifying the judgment and Decree dated 17.10.2001 and made in O.S. No. 232 of 2000, on the file of the learned Additional Subordinate Judge, Nagapattinam.

(2.) The facts, which giving rise to the memorandum of second appeal are detailed as under:

(3.) The Plaintiff and the first Defendant are in the management of the suit properties. The Plaintiff and the first Defendant are, by their birth right and under a Will dated 15.02.1954, entitled to 1/3 share each over the suit properties. Besides this, the Plaintiff and the Defendants are each entitled to 1/5 share in their father's 1/3rd share. Thus, the Plaintiff and the first Defendant are each entitled to 6/15 share and the Defendants 2 to 4 are each entitled to 1/15 share. Since the Defendants were evading partition, the Plaintiff had filed the present suit for partition and separate possession of his 6/15th share over the suit properties.