N.R.CHENNIAPPAN Vs. MINOR RIKTHU ANUPAMA

JUDGEMENT

(1.) This appeal suit has been directed against the judgment and decree dated 10th March, 2008 passed in Original Suit No.5 of 2005 by the Additional District and Sessions Court, Fast Track No.V, Coimbatore at Tiruppur.

(2.) The first respondent herein, as plaintiff, has instituted Original Suit No.5 of 2005 on the file of the trial court praying to pass a preliminary decree of partition in respect of her share in the suit properties, wherein the present appellant and the remaining respondents have been arrayed as defendants.

(3.) The material averments made in the plaint are that the suit item Nos.1 and 2 have been purchased by one Rasa Gounder, by virtue of a Sale Deed dated 17.8.1921 and after his demise, his two sons, viz., Kaliappa Gounder and Chennimalai Gounder have effected a partition by way of a registered Partition Deed dated 29.9.1951. After the demise of Kaliappa Gounder, his three sons, namely Rangasamy, Natarajan and Ramasamy have effected a partition by virtue of a registered Partition Deed dated 25.3.1991, wherein the suit item Nos.1 and 2 have been allotted to the share of Natarajan. The said Natarajan is none other than the first defendant and his two sons, namely Duraisamy and Chenniappan have been arrayed as defendants 2 and 3 and the wife of Natarajan has been arrayed as fourth defendant. The plaintiff is none other than the daughter of the third defendant by name Chenniappan. The plaintiff has got birth on 23.2.2000. The remaining suit items are also joint family properties. Since the plaintiff has got birth on 23.2.2000 as a joint family member, she is having right of partition. The third defendant, father of the plaintiff, has failed to look after the plaintiff. Under the said circumstances, the present suit has been instituted for the reliefs sought therein.