THERESAMMAL Vs. REGI

JUDGEMENT

(1.) The appellants herein, who are the defendants in the suit, which was filed by the respondents herein for partition and separation possession, have come up with the present Appeal Suit questioning the validity of the Judgment and Decree dated 30.06.2010 made in O.S.No.182 of 2009, on the file of the District Court, Kanyakumari at Nagercoil.

(2.) The case of the plaintiffs, as culled out from the plaint, is as follows: -

(3.) A Written Statement was filed by the defendants 1 to 4 contending that the suit was not maintainable. The plaintiffs suppressed the material facts and they have not come forward with clean hands. The suit is also bad for partial partition. The said Late John Chettiar left one more property in Old Survey No.7022, Resurvey No.514/C to an extent of 6.658 cents and the plaintiffs suppressed the same. The plaintiffs 1, 3 and 4 are nuns and they renounced the world and they abandoned all their rights. Thus, according to the defendants, nuns cannot have any right whatsoever over the suit properties owned by the family and they have no right to give power of attorney to the fifth plaintiff.