M. KUMAR Vs. KALAISELVI

JUDGEMENT

(1.) This Appeal Suit is filed against the Judgment and Decree of the Learned XVIII-Additional Judge, City Civil Court, Chennai, dtd. 8/1/2013 in O.S. No.13641 of 2010, in and by which the suit filed by the plaintiff was decreed, granting declaration and permanent injunction in respect of the 'B' Schedule Property and a preliminary decree for partition and separate possession of 6/20 shares in 'C' Schedule Property.

(2.) The case of the plaintiffs is that the first plaintiff is the wife of one Panneerselvam and the second and third plaintiffs are his son and daughter. Pannerselvam is the son of one Muthukrishnan through his first wife Pankajam Ammal. After the death of Pankajam Ammal in the year 1952, the said Muthukrishnan married one Kamalammal, and out of the said wedlock they begot two sons, who are the first and second defendants and a daughter, the third defendant. Thereafter, the said Muthukrishnan died on 21/11/1964. Kamalammal also died in the year 1974.

(3.) The defendants admitted the relationships, the dates of marriages of the parties, and the death of the Muthukrishnan, Pankajam Ammal, Kamalammal and Panneerselvam. It is the contention of the defendants that though the 'B' Schedule property was purchased in the name of Pankajam Ammal, after her demise, the said Muthukrishnan was vested with 1/2 share in the same, and the defendants are entitled to their share in the said 1/2 share of Muthukrishan, therefore, they paid the Court fee in respect of the same, and sought partition and separate possession of the 'B' Schedule Property.