LAKSHMANAN CHETTIAR M Vs. P ETHIRAJAN

JUDGEMENT

(1.) THIS is a suit for partition and separate possession of plaintiffs' 2/3rd share in the suit properties.

(2.) THE plaint averments, briefly, are as follows:

(3.) THE first defendant's case, in brief: (a) The suit filed by the plaintiffs is an abuse of process of Court, since there was no cause of action at all, for maintaining the suit for partition, questioning the divisions, which had taken place elsewhere in the year 1910. There is no joint family, much less any joint family properties, to be divided between the plaintiffs and the defendants. The suit is not properly valued and if at all, since the plaintiffs are out of possession, the suit should have been valued under Sec. , 37 (1) of the Tamil Nadu Court Fees and Suits Valuation Act, not on the basis of the joint possession, under Sec. 37 (2 ).