SUBBIAH Vs. ALAGARSAMI

JUDGEMENT

(1.) This Appeal Suit as well as Cross Objection have been directed against the Judgment and decree dated 09.10.2001 passed in Original Suit No.390 of 1999 by the Principal Sub Court, Tenkasi.

(2.) The appellant herein as plaintiff has instituted Original Suit No.390 of 1999 on the file of the trial Court for the reliefs of partition and separate possession of his share in the suit properties, wherein the present respondents have been shown as defendants.

(3.) The material averments made in the plaint are that the plaintiff, first defendant and deceased Venkadasamy Naidu and Pachi Rajulu are brothers and their father name is Muthusamy. The suit properties and some other properties have been partitioned as per partition deed dated 26.07.1959, wherein the suit properties have been allotted to the share of Pachi Rajulu and he has had enjoyed the same as absolute owner and he passed away leaving behind him his wife by name Muthu Pappammal. After his demise, the said Muthu Pappammal has succeeded his estate including the suit properties and the said Muthu Pappammal has passed away on 04.11.1999. Since the said Muthu Pappammal has succeeded the estate of her deceased husband and since both of them have not been blessed with any issue, the plaintiff and first defendant are having equal right. The defendants 2, 5, 8 and 12 are the daughters of one Ramalakshmi who is none other than sister of Muthu Pappammal and the remaining defendants are their husbands and children. The plaintiff has issued a legal notice dated 09.11.1999 to some of the defendants and a reply notice has been given, wherein it is stated that the deceased Muthu Pappammal has executed a will dated 05.10.1999 in respect of the suit properties 1 and 2. The said will is not genuine. Under the said circumstances, the present Suit has been instituted for the reliefs sought for in the plaint.