J. ANBAZHAGAN Vs. J. RAMASAMY

JUDGEMENT

(1.) The Appellant is the First Defendant. The Suit has been filed by the Plaintiff for Partition of his 1/2 share in the Suit property. The Trial Court decreed the Suit and passed a Preliminary Decree in respect of the 1/2 share in the Suit property in favour of the Plaintiff. The Defendant filed an Appeal. The Appeal has also been dismissed by confirming the Judgment of the Trial Court. Now the Defendants have preferred this Second Appeal.

(2.) The short facts pleaded by the Plaintiff in the Plaint in brief as under: The Plaintiff's Father and the Defendant's Father, viz., Joki Gounder had two wives. The Plaintiff born to Joki Gounder through his First Wife, viz., Parvathammal and the Defendant born to Joki Gounder through his Second Wife, viz., Pattu Ammal. The Plaintiff's Mother Parvathammal predeceased her husband Joki Gounder. Joki Gounder died 40 years ago. The Suit property is the Ancestral property and the Plaintiff and Defendant are enjoying the properties according to their convenience. The Plaintiff is a retired teacher. When he was working as a teacher, the Defendant alone was cultivating the entire property and dividing the profits in equal shares. Subsequent to the retirement of the Plaintiff, he has taken up the cultivation of the portion of the property and the Defendant is enjoying the property after digging up a Well. The Plaintiff did not claim any share in the Well. The Defendant claims 3 acres 59 cents in the Suit property as though it is given to him through Partition and he has also stated that the Plaintiff is entitled to 1 acre 10 cents in the Suit property, which is not correct. The Plaintiff is entitled to 1/2 share out of 4 acres 69 cents of the Suit property. Since the Defendant had got obtained Patta in respect of 3 acres 59 cents in the Suit properties and attempted to tresspass over the Suit properties under the enjoyment of the Plaintiff in Survey No.169/3 (which belongs to his mother), the Plaintiff has filed this Suit for Partition.

(3.) The Defendant resisted the Suit by filing a Written-Statement, which is in brief: