UTHAMARAJ Vs. GANESAN

JUDGEMENT

(1.) THE appellants/defendants 1 and 2 who failed before both the courts below have preferred this appeal.

(2.) THE 1st respondent/plaintiff filed the suit for partition and separate possession of 1/5th share in the 'a' schedule and 'b' schedule properties. The appellants have resisted the suit on the basis that there had been an oral partition in the family and separate items had been allotted to the parties except in respect of items 2, 8 and 9 in the 'a' schedule property.

(3.) IN the above circumstances, the learned District Munsif, who tried the suit on the basis of the recorded evidence both oral and documentary and upon hearing the arguments advanced on either side, granted a preliminary decree for partition of 1/5th share in the suit properties as prayed for.