BRAMMAGIRI Vs. SIVASUBRAMANIAM

JUDGEMENT

(1.) THIS second appeal has been filed against the judgment and decree passed by the Court of the Principal District Judge, Coimbatore, dated 09.03.1994, made in A.S.No.214 of 1993, confirming the judgment and decree passed by the Court of the Subordinate Judge, Tiruppur, dated 08.01.1993, made in O.S.No.295 of 1989.

(2.) THE first defendant before the trial Court is the appellant in the present second appeal. THE plaintiff had filed the suit in O.S.No.295 of 1989, on the file of the Court of the Subordinate Judge, Tiruppur, praying for the passing of a preliminary decree for partition of the suit schedule properties, by dividing the same into four equal shares and to allot one such share to the plaintiff and to put him in separate possession of the same and for the cost of the suit.

(3.) BASED on the rival claims made by the plaintiff, as well as the defendants, the trial Court had framed the following issues for consideration:i) Whether the first item of the plaint schedule properties is a joint family property?ii) Whether the release deeds by the second defendant is binding on the plaintiff?iii) Whether the plaintiff is entitled to partition? If so, what share he is entitled to?iv) What other reliefs the plaintiff is entitled to?