RAMASAMY Vs. RAJAGOPAL

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree of the learned Principal Subordinate Judge of Krishnagiri, dated 23.11.2009 in A.S.No.84 of 2006 reversing the judgement and Decree of the learned District Munsif of Krishnagiri dated 28.07.2006 in O.S.NO.314 of 1995.

(2.) The Appellants are the defendants.

(3.) The short facts of the appellants are as under: The main plaintiff who is the 1 st respondent herein, is represented by his mother. The 1 st respondent/plaintiff is the son of the 1 st appellant born through his wife Muniyammal. The 2 nd appellant is the another son of the 1 st appellant through his another wife Chandra. The 1 st respondent/plaintiff and the appellants/defendants 1 and 2 were living as a joint family. The suit properties are the joint family properties. The plaintiff's mother married the 1 st defendant and they were living together for a long time. Thereafter the first defendant's father deserted and started to live with one Chandra. Only then the plaintiff's mother came to know that the 1st defendant was already married to Chandra and she was his first wife and that the 2 nd defendant is the son born to 1 st defendant through his first wife Chandra. Since the 1 st defendant was living only with the mother of the plaintiff she had no occasion to know about the 1 st defendant's earlier marriage. Now the defendants are seriously trying to sell away the properties by depriving the plaintiff's share. Since the appellants 3 and 4 are the prospective buyers, they are also impleaded as parties. The plaintiff has filed this Suit for partition of his 1/3 rd share in the suit schedule properties.