LAKSHMI AND ORS. Vs. SOMASUNDARAMOORTHY AND ORS.

JUDGEMENT

(1.) THIS appeal has been preferred against the decree of the trial court (IV Additional District Judge, Erode District at Bhavani) made in O.S. No. 35 of 2004. The said suit came to be filed by the appellants herein against the defendants therein; (a) for cancellation of the partition deed dated 28.01.2002 registered as document No. 3789/2002 in the office of the Sub Registrar, Sathyamangalam in respect of the shares of the appellants/plaintiffs; (b) for a declaration of the title of the appellants/plaintiffs in respect of their 1/3rd share in the suit properties; c) for partition directing division of the suit properties and separation of the 1/3rd share of the appellants/plaintiffs from the rest of the shares; (d) for direction against the defendants to pay mesne profits at the rate of Rs. 66,666/ - per annum and (e) for cost.

(2.) THE trial court, after trial, dismissed the suit by a judgment and decree dated 15.02.2013. Questioning the correctness of the said decree and challenging the same as erroneous, the appellants/plaintiffs have brought forth the present appeal under Order XLI Rule 1 r/w Section 96 of the Code of Civil Procedure.

(3.) THE averments made by the appellants/plaintiffs in their plaint, in brief, are as follows: