PANDIAN Vs. VALARMATHI

JUDGEMENT

(1.) The first defendant in O.S No.24 of 2012 on the file of the Principal District Court, Pudukkottai is the appellant herein. The first respondent herein / Valarmathi filed the said suit for partition. The suit schedule contained as many as four items. The first item is comprised in Kothamangalam south village. The second item is comprised in Kothamangalam north village. The third item is comprised in Chennai. The fourth item is comprised in Pudukkottai.

(2.) The case of the plaintiff is that the suit schedule properties belonged to his father / Karuppaiah @ Thirumaran. Karuppaiah @ Thirumaran got married to Rasammal and through the said wedlock, four sons and two daughters were born. The plaintiff was the eldest son. One of the sons, namely, Veeramani had passed away. The defendants 1 and 2 are brothers of the plaintiff while the defendants 3 to 9 are the legal heirs of the deceased two sisters of the plaintiff. The plaintiff sought 1/3rd share in the suit schedule properties. Though all the defendants contested the suit, it is only the first defendant who has filed this appeal.

(3.) The first defendant raised two fold defences in his written statement. The first was that two of the items, namely items 3 and 4 are his absolute properties and not amenable to partition. He also pleaded that the suit was bad for partial partition. The plaintiff examined himself as P.W.1 and marked Exs.A1 to A10. The first defendant examined himself as D.W.1 and four other witnesses were also examined on the side of the defendants and Exs.B1 to B10 were marked.