K.C. PERIYAKULANDAI RAJA Vs. JAYALAKSHMI AYAL

JUDGEMENT

(1.) THE plaintiff in O.S.No.192 of 1992 on the file of the Subordinate Court, Ariyalur is the appellant. The plaintiff filed the suit for partition of his half share in the plaint Items 1 to 7 and 9 to 13, and 1/3rd share in item 8, and also for mesne profits.

(2.) THE defendants filed counter claim claiming half share in the properties mentioned in the schedule to the written statement and also claimed 2/3rd share in Item 8 and also disputed the description of property in Items 9 to 13. The Trial Court granted preliminary decree granting half share to the plaintiff in Items 1 to 7, 11 to 13 of the plaint schedule and also half share in Items 14 to 29 in the properties mentioned in the schedule to the written statement and also 1/3rd share in Items 8 & 9, and also granted preliminary decree in favour of the defendants 1 to 8 in respect of half share in items 14 to 29 in respect of the properties mentioned in the schedule to the written statement. Aggrieved by the same, this appeal is filed by the plaintiff.

(3.) THE plaintiff filed additional pleadings stating that Item No.14 mentioned in the written statement is a Durbar Hall used by the family members for family functions and Items 15 and 26 are frontage of the Palace. Item No.16 is a place where Nagara is beaten. Item 17 is a common pathway and Item 8 is Paddi Storage. Items 19, 20, 21, and 24 are the frontage of the Palace where elephants are tied. Item 22 is the place where the family members offered Sreethanam to the elders. Item Nos.23 forms part of Item No.6 mentioned in the plaint. Item 25 is not liable for partition. Items 27, 28 and 29 are lakes, which cannot be partitioned. Therefore, the properties mentioned in the written statement cannot be partitioned.