P MURUGAN Vs. VAIRAVEL AND ORS

JUDGEMENT

(1.) The appeal has been preferred against the Judgment and decree dated 22.11.1994 made in I.A. No. 1662 of 1989 in O.S. No. 587 of 1977 on the file of the principal subordinate Judge, Salem.

(2.) The unsuccessful second defendant in the suit is the appellant herein. Admittedly this suit in O.S. No. 587 of 1977 was filed by the first respondent herein against the appellant and respondents 2 to 5 seeking partition and separate possession of his share in the property, it is not in dispute that preliminary decree for partition dated 24.7.1979 was also passed by the Court below in terms of compromise arrived at between the parties. It is also not in dispute that the respondents 2 to 5 are the sisters of the appellant and the first respondent herein.

(3.) The interlocutory application in I.A. No. 1328 of 1979, seeking final decree was filed by the first respondent/plaintiff. During the pendency of the same, it seams that defendants 1 and 7 in the suit died and the appellant filed a petition to recognize him as legal representative, on the strength of a Will and necessary amendments were also made in the final decree petition, to that effect, claiming larger share, for the appellant. However, the first respondent/plaintiff allowed the petition to be dismissed for default. Subsequently, I.A. No. 1662 of 1999 came to be filed. During the pendency of which I.A. No. 902 and 903 of 1992 were also filed for appointment of receiver and to collect rent for the suit properties and also for rendition of accounts against the first respondent and his wife.