ATHIAPPA GOUNDER Vs. A MOHAN

JUDGEMENT

(1.) DEFENDANTS 1 and 4 are the appellants in this appeal. The 1st respondent is the plaintiff and respondents 2 to 4 are defendants 2, 3 and 5. Respondents 2 to 4 viz. , defendants 2, 3 and 5 were given up since they remained ex parte.

(2.) THE 1st respondent/plaintiff filed the suit for partition of the suit properties, which are admittedly joint family properties having been allotted to the share of his father (1st defendant) in a partition between him, his brother and their father. THE plaintiffs case is as follows: the plaintiff is the undivided son of the 1st defendant. His mother rajamma1/3rd defendant was married to the 1st defendant about 25 years prior to the suit according to the custom obtaining in the community to which they belong. Two sons were born to the 1st defendant through the 3rd defendant. THE plaintiff is one of the sons. THE other son, who was elder to the plaintiff, died a few months after his birth.

(3.) THE sole defendant Athiappa Gounder filed a petition in I. A. No. 732 of 1979 to implead defendants 2 and 3 as parties to the suit and the said petition was allowed. Defendants 4 and 5, who are the sons of the 1st defendant through one Valliammal, were added as per orders in I. A. No. 105 of 1987 dated 11. 3. 1987. According to the plaintiff, defendants 2 to 5 are unnecessary parties and they have been added only at the instance of the 1st defendant.