PAUL RADJE Vs. ANDONI IRUDAYARAJ

JUDGEMENT

(1.) The defendant in O.S.No. 33 of 2012 is pending on the file of II Additional District Court, Pondicherry is the appellant herein, aggrieved by the Judgment and Preliminary Decree dtd. 16/4/2018.

(2.) The suit in O.S.No. 33 of 2012 had been filed by the respondents seeking partition and separate possession of undivided 1/3rd share in undivided 7/8th share in the ground floor in the entire portion in the first and second floors of the property, namely, land and building at Old No. 100, New No. 164 at Yanam Venkatachalampillai Street, Puducherry. It must be mentioned that the plaintiffs and the defendant are brothers and sons of late Andonissamy. They also had four other sisters and claiming privilege of being governed under the Customary Hindu Law as applicable to Pondicherry Christians, both the plaintiffs and the defendant claimed that their sisters are not entitled to any share in the aforementioned property.

(3.) The father Andonissamy was born on 15/1/1915 as Indian Christian. He married Kulanthai Ammal @ Kulanthai Theresa Mary on 23/5/1947. The first plaintiff Andoni Irudayaraj @ George was born on 9/4/1953, the second plaintiff Andonissamy Francois was born on 23/3/1959 and the defendant Paulradje was born on 29/5/170. Their sisters, whom the brothers have ousted from claim of partition, had been given in marriage during the life time of Late Andonissamy.