SIVAN NAICKER Vs. SUBBU NAICKER

JUDGEMENT

(1.) Challenge in this second appeal is to the judgment and decree, dated 31.08.2005 passed in A.S.No.41 of 2005 by the I Additional Subordinate Judge, Tirunelveli, reversing the judgment and decree passed in O.S.No.109 of 2000 on the file of the Principal District Munsif, Valliyoor, dated 30.09.2004.

(2.) The appellant herein as plaintiff has instituted Original Suit No.109 of 2000 on the file of the trial Court seeking the relief of partition, wherein the present respondent has been shown as defendant.

(3.) It is averred in the plaint that the suit property originally belonged to the mother of the plaintiff and the defendant and that the plaintiff and the defendant are the only legal heirs of the deceased Mrs.Chellammal. The plaintiff is residing in the front side of the house and the defendant is residing at the back side of the house. Since, the defendant happened to be the eldest member of the family and as there is no division of the property, tax in respect of the house stands in the name of the defendant. Similarly, the electric service connection is also stands in the name of the defendant. The defendant is not having any issue. Since the defendant is borrowing loan and spending money for his wife's relatives. On 03.04.2000, the defendant had issued notice to the plaintiff, for which a suitable reply was given on 15.04.2000. Hence, the plaintiff has filed a suit claiming partition in the suit property.