S.SARAN Vs. S.THIRUMOORTHY

JUDGEMENT

(1.) The plaintiff in O.S.No.231 of 2014 is the appellant. The said Suit was launched by the appellant seeking partition and separate possession of his 1/6th share in the Suit properties. The plaintiff has set out the Genealogy as follows:

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

(3.) According to the plaintiff, the Suit properties are ancestral properties in the hands of his grandfather Thirumoorthy Gounder, who figures as first defendant in the Suit. Therefore, according to the plaintiff, being the grandson, through his son the third defendant, he would be entitled to a share in the Suit properties by birth. The plaintiff would trace the title to the property under a registered Partition Deed dtd. 29/11/1962 entered into between Ramasamy Gounder, Sennimalai Gounder and Arumugha Gounder and it is also contended that the property is enjoyed by the said Thirumoorthy Gounder, first defendant herein and defendants 2 and 3 who are his sons jointly. There were some matrimonial disputes between the guardian of the plaintiff and the third defendant which are not very relevant for our purposes.