P.NAGARAJ Vs. RAJAMMAL

JUDGEMENT

(1.) The defendants in O.S.No.380 of 2003 on the file of the II Additional Subordinate Court, Coimbatore, are the appellants herein.

(2.) O.S.No.380 of 2003 had been filed by the respondent / Rajammal who died pending the Second Appeal against the 1st and 2nd appellants / P.Nagaraj and Saraswathi @ Sarasa respectively who also both died during the pendency of the Second Appeal seeking a judgment and decree for partition and separation of the suit schedule properties into three equal parts and allot one such part to the respondent / plaintiff and direct the appellants / defendants to render true and proper accounts of the income derived by them from the tenants. The said suit came up for consideration before the II Additional Sub Court, Coimbatore on 12/9/2005 and the Suit was partly decreed with respect to A and C schedule properties and dismissed with respect to B schedule property. Challenging that judgment and decree, the appellants herein had filed A.S.No.99 of 2006 which came up for consideration before the Principal District Court, Coimbatore and by judgment dtd. 6/1/2009, the Appeal Suit was dismissed and the judgment and decree of the Trial Court was confirmed. Questioning that judgment, the defendants have filed the present Second Appeal.

(3.) The Second Appeal had been admitted on 25/6/2009 on the following Substantial Questions of Law: