C.SHANMUGAM Vs. CHINNAPAIYAN

JUDGEMENT

(1.) This appeal is preferred against a judgment and decree dtd. 7/9/2011 in O.S.No.190 of 2010 passed by the learned Additional District and Sessions Judge (FTC No.2) Salem.

(2.) The plaintiffs are the appellants. The plaintiffs filed the above suit in O.S.No.190 of 2010 for partition in the suit property and for permanent injunction restraining the defendants from alienating the suit property.

(3.) The case of the plaintiffs is that, the plaintiffs are brothers and the 1st defendant is the father of the plaintiffs and their mother is one Kamala. The 2nd defendant is the son of the 1st defendant born through one Pappa, a concubine of the first defendant herein. The 1st defendant lived with his concubine along with the 2nd defendant. The suit properties are the joint family properties of the 1st defendant and his father Chinnusamy and his elder brother Kandhasamy. They divided the properties under a registered partition deed dtd. 30/4/1979. In that partition deed the properties described in the A schedule were allotted to Chinnusamy and his wife Arayee to be enjoyed by them for life without any right of alienation, and after the life time of Chinnusamy and his wife Arayee the properties described in the A schedule were directed to be divided into two equal shares and the 1st defendant and his elder brother Kandasamy has to succeed the property. After the demise of Chinnusamy and his wife Arayee, the A schedule property mentioned in the partition deed was divided into two equal shares. The 1st defendants and the plaintiffs 1 to 3 executed a sale deed in favour of the elder brother Kandasamy in respect of his half share. The other half share was allotted to the 1st defendant and the plaintiffs and that share was conveyed to the 1st plaintiff by the 2nd and 3rd plaintiffs and the 1st defendant. The 1st plaintiff took possession of the said property and he is in exclusive possession and enjoyment of the said property. Therefore, there is no dispute between the members of the family in respect of A and B schedule properties mentioned in the partition deed.