LAWS(MAD)-2023-10-77

RAJENDRAN Vs. RADHAKRISHNAN

Decided On October 12, 2023
RAJENDRAN Appellant
V/S
RADHAKRISHNAN Respondents

JUDGEMENT

(1.) These Appeals arise out of four different suits seeking reliefs of partition, permanent injunction (two suits) and declaration between members of a family. They were tried together and disposed of by way of a common judgment, hence these Appeals are taken up together for disposal. The parties are referred to as per their rank in OS No.2 of 2006 which is a comprehensive suit for partition.

(2.) The comprehensive suit is the suit for partition in OS No.2 of 2006, the plaintiff therein is the elder son of one Velayudha Padayachi. The Genealogy traced by the plaintiff is as follows: <IMG>JUDGEMENT_77_LAWS(MAD)10_2023_1.jpg</IMG>

(3.) According to the plaintiff, the family of Ramasamy Padayachi originally hailed from Ogalur Village, a Village now in Perambalur District. The family was possessed of vast extent of lands in the said Village and they belonged to the joint family of the plaintiff, the first defendant and their father Periyasamy Padayachi. The family also had a tiled house, vacant-site, cattle shed, drying yard etc. The main avocation of the family was agriculture and the lands were very fertile and they were yielding a very good income leaving a surplus.