GNANAIYAN Vs. RUSSALIYAN

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed O.S.No.289 of 1998 before the District Munsif Court, Padmanabhapuram for therelief of partition. The suit was decreed and preliminary decree was granted in favour of the plaintiff for l/3rd share. The 5th defendant filed A.S.No.59 of 2002 before the Sub Court, Padmanabhapuram. The learned Subordinate Judge allowed the appeal and dismissed the suit. As against the same, the plaintiff has filed the present Second Appeal.

(3.) It is the case of the plaintiff that the suit schedule properties were originally owned by one Bakianathan who died instate leaving behind the plaintiff and two other sons namely, Selvamani and Gnanamani. Selvamani's legal heirs are the defendants 1 to 3. Gnanamani's legal heirs are the defendants 4 to 6. The plaintiff contended that the suit schedule properties are the separate properties of Bakianathan and on his death, he is entitled to l/3rd share in the suit schedule properties. The plaintiff further contended that the parties are in joint possession of the suit schedule properties.