SELLAMMAL Vs. JAYAMANI

JUDGEMENT

(1.) The appellants herein are the defendants 3 to 6 in the suit for partition. The subject matter of the suit is a part of a larger extent of land measuring a total extend of 6.17 acres in S.No:17, R.S No: 96.

(2.) Out of 6.17 acres of land, 1/3rd was purchased by Kuttiayappa Gounder S/o Kaithamalai Gounder, who purchased it on 6/4/1958 and the balance 2/3rd undivided share ie 4.12 extent of land was purchased by Chinnathambi Gounder under two sale deeds dtd. 6/6/1966. Chinnathambi is father of the plaintiffs. Kuttiayappa Gounder is the predecessor-in-title of Defendants 1 to 9.

(3.) The case of the plaintiffs is that, though the property was purchased by these two persons at different point of time, they were jointly enjoying the property commonly without any partition. While so, on 3/2/2014, the defendants who belong to the branch of Kuttiyappa gounder, divided their share in the suit property among themselves without the knowledge and consent of the plaintiffs who are from the branch of Chinnathambi Gounder. Knowing the unilateral partition among the descendants of Kuttiayappa Gounder, detrimental to the interest of the plaintiffs, who were enjoying the property commonly with the defendants, the suit for partition is laid after causing notice.