CHINNA PALANISAMY GOUNDER Vs. LATHA

JUDGEMENT

(1.) Challenge in this second appeal is made by the second defendant against the judgment and decree dated 06.08.2010 made in A.S. No. 78 of 2007 on the file of the First Additional District Court, Erode, Confirming the judgment and decree dated 03.09.2007 made in O.S. No. 205 of 2005 on the file of the Principal Subordinate Court, Erode in so far as it went against him.

(2.) The suit has been laid by the plaintiffs claiming partition of ⅔ shares of the plaintiffs 2 & 3 in the suit properties and also claiming maintenance for the first plaintiff from the first defendant and also, claiming the relief of charge over the share of the first defendant's properties for regular payment of the maintenance to the first plaintiff and for the relief of permanent injunction restraining the defendants from alienating or encumbering the suit properties, till the passing of the final decree.

(3.) The second appeal has been admitted and the following substantial questions of law are formulated for consideration in this second appeal.