V V KANNAN Vs. K SRIDHAR

JUDGEMENT

(1.) Aggrieved by the judgment of the learned Judge of this Court, the appellants under Clause 15 of the Letters Patent have come forward with this appeal.

(2.) The factual background of this appeal, in a nutshell, is as follows: Defendants in O.S.No.1 of 1986 on the file of the Principal Subordinate Judge, Chengleput, are the appellants. Plaintiff/respondent filed a said suit for partition of the suit properties into two equal shares and for allotment of one half share on the ground that he is the only son of the first defendant. After partition in the year 1975, the first defendant wanted to marry again and since the same was disputed by the plaintiff as well as his mother Dhanalakshmi, they have been living separately. Taking advantage of the same, the first defendants brothers and their sons were attempting to sell the suit properties belonged to the first defendant and therefore, the plaintiff urged the first defendant for partition of the suit properties. On 13.10.1985, the plaintiff filed a petition before the Sub Registrar Office, Chengleput, objecting to the registration of any document being executed by the first defendant. The Sub Registrar, Chengalpattu, informed the plaintiff that his remedy lies only in the Civil Court. On 29.10.1985, the plaintiff issued a registered notice to the first defendant demanding partition. A reply was sent by the first appellant stating that the plaintiff is not his son and the first defendant still is a celibate. The first defendant also claimed that since the properties were owned by him, he has got every right to deal with the same in any manner. Hence, the said suit was filed by the plaintiff.

(3.) Heard the learned counsel for the appellants as well as the respondent.