VALLIAMMAL LATE Vs. PACHAIAMMAL

JUDGEMENT

(1.) DEFENDANTS 7 to 9 are the appellants in the above Second Appeal. The respondent herein, plaintiff filed O.S. 699 of 1981 on the file of District Munsif. Coimbatore for partition of the suit property into two equal shares and allot one such share to the plaintiff and also directing the defendants to pay mesne profits at the rate of Rs. 810/- per annum.

(2.) THE averments made in the amended plaint are briefly as follows:- THE plaintiff and the Ist defendant (since deceased) are the children of one Palaniammal. wife of Krishnappa Servai. THE suit property originally belonged to the said Palaniammal. Palaniammal purchased the Suit property as well as other properties by virtue of sale deed Ex. A1 dated 1-3-1981. From the date of purchase, the said Palaniammal was enjoying the suit property as absolute owner. Palaniammal died leaving the plaintiff and the Is t defendant as her sole legal representatives. After the death of Palaniammal, her husband also died. At the time of his death, he did not leave any property. Both the plaintiff and the 1st defendant were brought up by the said Palaniammal. THE said Palaniammal died intestate in the suit house. After her death both the plaintiff and her brother, the Ist defendant have to succeed to the property left by Palaniammal in equal moities. THE relationship between the plaintiff and the 1st defendant were cordial throughout. However, the said relationship became strained afterwards. THErefore, the plaintiff insisted the 1st defendant to make a partition of the suit property. THE defendant did not do so. After knowing that the 1st defendant is not ready and willing to part with the property, the present suit has been filed for partition of her share.

(3.) THE 5th defendant filed a written statement and the same was adopted by defendants 2 to 4, THEy contended that these defendants are tenants under the 1st defendant occupying different portions of the suit property. THEy were actually paying rents to the 1st defendant. According to them, they are unnecessary parties to the suit.