VADIVELAN Vs. GANDHI

JUDGEMENT

(1.) The unsuccessful plaintiffs in the suit in OS. No. 252/2003 on the file of the learned Subordinate Judge, Bhavani, are the appellants in the above Second Appeal.

(2.) The plaintiffs filed the suit in OS. No. 252/2003 before the Sub Court, Bhavani, for partition of 3/4th share in all the suit properties. The suit properties are agricultural lands described as six different portions with reference to various extents and specific boundaries, measuring 2.17.0 Hectares out of the total extent of 4.36.5 Hectares in Rs.No. 107 of Patlur Village, Bhavani Taluk, Erode District. The suit properties also include a well apart from a small house in the third item of the suit properties.

(3.) The relationship between the parties are not in dispute. Plaintiffs are the two sons and daughter of the 1st defendant. Plaintiffs 1 and 2 are the son and daughter of the 1st defendant born through his first wife by name Jeeva and the 3rd plaintiff is the minor son of the 1st defendant born through the 3rd wife of the 1st defendant, by name Vijaya. The 2nd defendant is the brother's wife of the 1st defendant.