SIVAGNANAMOORTHY Vs. M SHANMUGAM

JUDGEMENT

(1.) he unsuccessful defendant before the lower appellate Court has filed this Second Appeal.

(2.) The respondent/plaintiff filed a suit in O.S.No.314/1990 on the file of the Principal Sub-Judge, Trichirapalli, for partition of his half share in the suit properties. The suit properties are four in number. According to the plaintiff, who is the father of the defendant, the suit properties are the joint family properties and so the same have to be divided and half share has to be allotted to the plaintiff.

(3.) The defendant-son, though originally filed a written statement giving consent for such partition, subsequently filed additional written statement and took a different stand stating that there was a partition on 18.11.1986 itself, and in the said partition, item Nos.1 and 3 and northern portion of item No.4 were allotted to him. He has also stated that he paid the loan amount and discharged the mortgage with respect to the 1st item. He claimed that after partition he has been enjoying the said properties.