C.MANI Vs. C.RAJAN

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree dated January 29, 2020 passed in A.S.No.69 of 2018 by the 'learned First Additional District Judge, Coimbatore' [henceforth 'First Appellate Court' for the sake of brevity and convenience] reversing the Judgment and Decree dated August 03, 2017 passed in O.S.No.476 of 2014 by the 'learned First Additional Subordinate Judge, Coimbatore' [henceforth 'Trial Court'].

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) An extent of 460 Sq.Mtr. In S.F.No.1391/3 at Veeriampalayam, Kalapatti Village, Coimbatore District along with the tiled house therein constitutes the Suit property and the same belonged to the plaintiff, 1st defendant and one Srinivasan who are all brothers. The said Srinivasan died intestate on August 24, 2013 leaving behind the defendants 2 and 3 as his only legal heirs. The wife of the said Srinivasan, who is the mother of the 2nd and 3rd defendants also died. The revenue records pertaining to the suit property jointly stands in the names of the plaintiff, 1st defendant and Srinivasan. The plaintiff and the defendants are in joint and constructive possession of the suit property for more than 20 years as co-owners and co-sharers. The plaintiff and the 1st defendant each are entitled to 1/3rd share while the defendants 2 and 3 are jointly entitled to 1/3rd share in the suit property. When the plaintiff demanded for amicable partition of the suit property, the defendants evaded the same. Hence, the plaintiff caused legal notice dated May 2, 2013 against the defendants. In response, the defendants replied with false averments. Therefore, the plaintiff filed the suit for partition seeking division of the suit property into 3 equal shares and allotment of one such share to him. Case of the Defendants