MEYYAPPA SUNDARAM Vs. CHIDAMBARAM

JUDGEMENT

(1.) CHALLENGE in this Appeal Suit is to the Judgment and decree dated 28.06.1990 passed in Original Suit No. 136 of 1988 by the Sub Court, Pudukkottai.

(2.) THE appellant herein as plaintiff has instituted Original Suit No. 136 of 1988 on the file of the trial Court for the relief of partition of his half share, wherein the present respondents have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that the suit property is originally belonged to one Meyyappa Chettiar. But it is false to aver in the plaint that with regard to suit property no partition has taken place. Already a partition has taken place, wherein three shares have been allotted to the share of Palaniappa Chettiar and after his demise his son by name Meyyappa Chettiar has succeeded his estate and the said Meyyappa Chettiar has passed away leaving behind him his two sons namely Palaniappa Chettiar and Nagappa Chettiar and the said Palaniappa Chettiar has passed away issueless and Nagappa Chettiar has passed away leaving behind him the defendants. The paternal grandfather of the defendants has executed a mortgage deed dated 30.03.1925 in favour of one Muthiah Chettiar and subsequently the mortgagee has instituted Original Suit No. 355 of 1935 on the file of Samasthana Chief Court, Pudukkottai, wherein the grandfather of the plaintiff has been shown as one of the defendants. Since with regard to suit property already a partition has taken place, the plaintiff is precluded to claim partition in respect of the same and the present suit is bad for non -joinder of necessary parties. There is no merit in the suit and the same deserves to be dismissed.