(1.) The plaintiff in O.S No.7 of 2004 on the file of the Principal District Judge, Thanjavur is the appellant herein. The suit was filed claiming 1/4th share in the suit schedule properties and for rendition of accounts.
(2.) The case of the plaintiff is as follows :
(3.) The first defendant filed written statement controverting the plaint averments. The very maintainability of the suit was questioned on the ground that there was no joint family and that there was only partnership business. He contended that the income from the firm was utilized for purchase of properties in the name of the firm. The crux of his written statement is that on 20/1/1997, a complete oral partition was made in the presence of all the family members and that on 31/3/1997. The factum of this partition was also duly recorded. The plaintiff also acted on the same as evidenced by the two registered sale deeds conveying properties allotted to him in the partition in favour of the fourth defendant. Having acted upon the said family arrangement, it was not open to the plaintiff to seek the relief of partition.