MANI IYER Vs. P. NATARAJAN

JUDGEMENT

(1.) The defendants are the appellants challenging the concurrent Judgement and Decree passed against them. The facts are briefly set out herein below and the parties are referred to in the same ranking as before the Trial Court.

(2.) The plaintiff had filed the suit O.S.No.89 of 2014 on the file of the Sub Court, Mettur, seeking to declare the settlement deed dtd. 17/2/2009 executed by Lakshmiammal in favour of the 2nd defendant as null and void and for a preliminary decree for partition by dividing the suit property into two equal shares and alloting one share in favour of the plaintiff and also seeking injunction from alienation.

(3.) It is the case of the plaintiff that the suit property belonged to the plaintiff's father, Perumal Iyer. The plaintiff and the 1st defendant are the two sons of the said Perumal Iyer. The property was jointly enjoyed by Perumal Iyer, the plaintiff and the 1st defendant. The 2nd defendant is the son of the 1st defendant.