YASOTHAI Vs. KALIYAPERUMAL

JUDGEMENT

(1.) The appellants 1 and 2 herein are the defendants in the suit in O.S.No.10 of 2014, on the file of Principal District cum Sessions Court at Ariyalur filed by 1st respondent/plaintiff claiming partition of his half share in the suit property. On hearing both sides, the trial court granted the relief as prayed for. Now, challenging the said findings, they have preferred this Appeal Suit.

(2.) For the sake of convenience, the parties are denoted as per the ranking in the suit.

(3.) Before the trial court, the suit was originally filed by plaintiff against the defendants 1 to 4. The 2nd defendant is his brother and 3rd and 4th defendants are the successors of second item of suit property. The plaintiff contended that the suit property is an ancestral property and the 2nd item situated on the north to south of ancestral property was enjoyed by their family for several decades treating it as joint family properties. After the demise of his father, plaintiff is having half share and his brother, 2 nd defendant is having half share in the property. But, the 2 nd defendant managed to get a patta in favour of his wife in respect of second item of suit property. Based on that, he has sold the property to defendants 3 and 4 on 23/12/2013, but the said sale would not bind on him. Hence, he come forward with the present suit claiming partition.