ARUNAGIRI Vs. AYYAR MUTHURAJA

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the Judgment and decree dated 19.09.2008 passed in Original Suit No.215 of 2004 by the Additional District & Sessions Court/Fast Track Court No.I, Tiruchirapalli.

(2.) The appellant herein as plaintiff has instituted Original Suit No.215 of 2004 on the file of the trial Court praying to pass a preliminary decree in respect of 1/3 share of the plaintiff, wherein the present respondents 1 to 6 have been shown as defendants.

(3.) It is averred in the plaint that the plaintiff is the son of the first defendant. The defendants 1 to 3 are the sons of Chinnathu Muthuraja. The fourth defendant is the son of second defendant. The fifth defendant is the wife of second defendant. The sixth defendant is the wife of third defendant. The erstwhile Hindu joint family consisted of Chinnathu Muthuraja and his three sons, has had owned extensive properties and with regard to same, a registered partition has come into existence on 24.09.1970, wherein 'A & B' schedule properties have been allotted to the shares of Chinnathu Muthuraja and his wife; 'C' schedule property has been allotted to the share of first defendant; 'D' schedule property has been allotted to the share of second defendant and 'E' schedule property has been allotted to the share of third defendant. The plaintiff being the son of the first defendant has become a coparcener. The first defendant has instituted a suit for partition in Original Suit No.283 of 1978 on the file of the Sub Court, Tiruchirapalli, wherein the defendants 2 and 3 have been shown as defendants. In Original Suit No.283 of 1978 compromise has been effected. The first defendant has been acting against the interest of the plaintiff and he is at the hands of the remaining defendants. Since the plaintiff is a coparcener in the joint family consists of himself and first defendant he is having 1/3 share in the suit properties and in order to work out his remedy, the present Suit has been instituted for the relief sought for therein.