S CHELLAIYAN Vs. S SATHIAK TISHRAN

JUDGEMENT

(1.) The second defendant in 0. S. No. 584 of 1972, on the file of the District Munsif of Thanjavur is the appellant herein.

(2.) The suit 0. S. No. 584 of 1972 was filed by the first respondent herein for partition and separate possession of his one-third share in the suit property. The plaint case is that the suit property, which is a house, was settled on the plaintiff and defendants 1 and 2, who are all the sons of one Sivakolundu and, therefore, the plaintiff is entitled to claim an one-third share therein.

(3.) The suit was resisted by the second defendant alone. His case was that the first defendant having relinquished his one-third share in his favour, he is entitled to get two-thirds share in the suit property, His further claim was that he had made considerable improvements to the suit property, and, therefore, even if the plaintiff is granted a decree for his one-third share, sufficient provision has, to be made for the cost of the said improvements. He also contended that three of their sisters having been married by him by borrowing amounts from various sources, the other two brothers have to contribute their respective one-third share towards the said borrowings.