KARTHIK V.R. THONDAIMAN Vs. RAJAGOPALA THONDAIMAN

JUDGEMENT

(1.) The Judgment and decree dated 13.09.2005 passed in Original Suit No.78 of 2004 by the First Additional District Court (P.C.R.) Trichirapalli are being challenged in the present Appeal Suit.

(2.) The appellants herein as plaintiffs have instituted Original Suit No.78 of 2004 on the file of the trial Court praying to pass a preliminary decree of partition, granting perpetual injunction and also for directing the defendants 1 and 2 to produce accounts with regard to past profits and also for future profits, wherein the present respondents have been shown as defendants.

(3.) In the plaint it is averred that one Rajkumar Ramachandra Thondaiman is the erstwhile Raja of Pudukottai State and he passed away in the year 1927 leaving behind him his three sons namely Raja Rajagopala Thondaiman, Rajkumar Radhakrishna Thondaiman and Rajkumar Vijaya Ragunatha Thondaiman. The first plaintiff is the son of Rajkumar Vijaya Ragunatha Thondaiman and the second plaintiff is the mother of the first plaintiff. The first defendant is the son of Rajkumar Radhakrishna Thondaiman and subsequently he has been given in adoption to Raja Rajagopal Thondaiman. The second defendant is the mother of the first defendant. The defendants 3 and 4 are the children of the second defendant. The said three brothers have constituted Hindu Joint Family and the first brother by name Raja Rajagopala Thondaiman has given a declaration on 26.09.1969 to the effect that all the properties belonging to undivided Hindu Joint family. The father of the first plaintiff has passed away in the year 1984 leaving behind him the plaintiffs as his legal heirs. The defendants have acted against the interest of the plaintiffs and also attempted to deny the right of the plaintiffs in the suit properties. The defendants have obtained signatures of the father of the first plaintiff in more than one document. The second plaintiff being the widow of Rajkumar Vijaya Ragunatha Thondaiman, has become helpless and ultimately both the plaintiffs have been left in lurch. Under the said circumstances, the present Suit has been filed for the reliefs sought for in the plaint.