T.MALLIKA Vs. K.MATHIVANAM

JUDGEMENT

(1.) The defendants 1, 3 to 5 in a suit for partition are the appellants before this Court. They seek to challenge the judgement and decree of the Additional District Judge (Fast Track Court No.1) at Salem in O.S.No.56 of 2004. The facts which have culminated in the filing of the above First Appeal are herein below set out and the parties are being referred to in the same ranking as before the Trial Court.

(2.) The plaintiff has filed the above suit seeking a partition of his 6/10th share in the suit schedule properties. The A schedule consists of 30 items of property and the B schedule consists of 9 items of property.

(3.) It is the case of the plaintiff that the suit properties were the ancestral properties of his father Kandasamy Moopanar. The said Kandasamy Moopanar had married one, Saraswathi through whom the 1st defendant was born. Thereafter, Saraswathi had passed away and the said Kandasamy Moopanar had married the plaintiff's mother, Fathimabibi in the year 1965 and the plaintiff was born to them in the year 1966.