S. MUNUSWAMY Vs. M. RAJENDRAN

JUDGEMENT

(1.) This appeal suit is directed against the judgment and decree dated 26.2.2016, passed in O.S. No. 4897 of 2012, by XVI Additional City Civil Court, Chennai.

(2.) The appellants herein, as plaintiffs, have instituted O.S. No. 4897 of 2012 on the file of the trial court for the reliefs of partition and separate possession of their 3/4 share in the suit property and for permanent injunction, wherein the present respondent has been shown as sole defendant.

(3.) The material averments made in the plaint are that the first plaintiff is the father of the plaintiffs 2 and 3 and defendant. The plaintiffs and defendant are joint family members and for the benefit of joint family, the suit property has been purchased in the name of the defendant, by virtue of the Sale Deed dated 18.8.2004 and since then, the plaintiffs are in possession and enjoyment of the same. The defendant is not having exclusive right, title and interest over the suit property. Now the defendant has been acting against the interest of the plaintiffs. Further, the defendant has refused to have amicable partition. Under the said circumstances, the present suit has been instituted for the reliefs sought therein.