GOVINDARAJ Vs. PONNAMMAL

JUDGEMENT

(1.) THE above appeal is filed by the first defendant in O. S. No. 857 of 1989 on the file of the District Munsif Court, Thiruppur, who was the appellant in A. S. No. 17 of 1993 on the file of the, Sub‑court, thiruppur.

(2.) FOR the sake of convenience, the parties are referred to as per their ranking in the suit.

(3.) DEFENDANTS 2 and 4 filed a written statement which was adopted by the third defendant DEFENDANTS 2 to 4 contended that the suit property is the self‑acquired property of their further late Segamalai Boyan, who died intestate and supported the case of the plaintiff. They also prayed for partition and allotment of their 1/5th share each. They further contended that the first defendant with an intention to defeat the rights of plaintiff and defendants 2 to 4 is collecting the rents from the tenants. On the above pleadings, they prayed to pass a decree as prayed for by the plaintiff.