KULANDHAIYAA SETHURAYAR Vs. K.SIVAKUMAR

JUDGEMENT

(1.) These appeal suits are directed against the Common Judgment dated 29.03.2006 passed in Original Suit Nos.95 of 2004 and 88 of 2005 by the Principal District Court, Thanjavur.

(2.) The first respondent in both the appeal suits as plaintiff has instituted Original Suit No.95 of 2004 on the file of the trial Court praying to pass a preliminary decree of partition, wherein the deceased first appellant and second appellant have been shown as defendants. Likewise the deceased first appellant as plaintiff has instituted Original Suit No.88 of 2005 on the file of the trial Court for the relief of perpetual injunction, wherein the respondents have been shown as defendants.

(3.) In the plaint filed in Original Suit No.95 of 2004, it is averred that the plaintiff and second defendant are the sons of the first defendant. The first defendant, his father and brother have constituted a Hindu joint family and amongst them a partition has takenplace on 03.07.1959 through a registered partition deed. By virtue of the same, the 'C' schedule properties mentioned therein have been allotted to the share of the first defendant and the same have been shown as suit 'A' schedule properties in the present suit. The suit 'B' schedule properties have been purchased in the name of the first defendant in the capacity of joint family manager by utilising the joint family funds. Since the plaintiff is one of the members of joint family, he is entitled to get 1/3 share. The defendants are not amenable for having amicable partition. Under the said circumstances, the present suit has been instituted for the relief sought therein.