PONSELVAN Vs. S.KALAISELVI

JUDGEMENT

(1.) The defendants in O.S.No.31 of 2016 on the file of the Additional District Court, Paramakudi have preferred the present first appeal challenging the Preliminary decree for partition.

(2.) The plaintiff has contended that the suit schedule properties are the ancestral properties of Pandi Nadar and he had died interstate leaving behind his two sons namely Ponselvam and Saravanan and two daughters namely Ponvandu and Janatha. The plaintiff is the wife of the deceased Saravanan. According to the plaintiff, her husband had passed away on 20/5/2015 and the defendants are attempting to alienate the property treating it as their exclusive property. Hence the suit for partition.

(3.) The defendants had filed a written statement admitting the genealogy and ancestral character of the property in the hands of Pandi Nadar. However, the defendants contended that the properties located in Therkku Athankarai and Madathumedu which belongs to 10 families including Pandi Nadar has not been included. Therefore, the suit is bad for partial partition. According to the defendants, the other 9 family members have not been impleaded. Therefore, the suit is bad for non-joinder of necessary parties.