KANTHASAMY Vs. ANNAMMAL

JUDGEMENT

(1.) THE defendants 1 and 2 in O.S.No.199 of 1995 on the file of the Sub Court, Namakkal, are the appellants.

(2.) THE plaintiff filed a suit for partition and separate possession of the suit properties.

(3.) IN the reply notice, it is contended by the first defendant that there was a partition on 09.09.1977 between himself and the defendants 2 and 3 and therefore, the plaintiff cannot claim any partition and also mesne profit. The plaintiff alleged that the defendants 2 and 3 cannot claim any right over the properties as the properties are the ancestral properties in the hands of the first defendant and the defendants 2 and 3 are the illegitimate children born to the 2nd wife during the subsistence of the first marriage and therefore, the plaintiff is entitled to half share and for that purpose, the suit was filed.