THANGAVEL GOUNDAR Vs. SELLAMMAL

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 23. 12. 1994 made in O. S. No. 285 of 1990 on the file of the Subordinate Judge, Udumulpet.

(2.) THE appellant herein was the defendant before the trial Court. The suit was filed for partition and separate possession of 2/3 share of the suit property in favour of the second and third respondents/ plaintiff 2 and 3 before the trial court and also to create a charge for maintenance in favour of the first respondent/first plaintiff.

(3.) IT is not in dispute that the first respondent is the wife of the appellant. The second respondent is unmarried daughter and the third respondent is the minor son of the appellant. The relationship of the parties is not in dispute. In order to substantiate the claim, the first respondent was examined as P. W. 1 and Ex. A1 copy of the partition deed dated 07. 01. 1974, entered into between one Narayanasamy gounder and Mayilsamy gounder was marked on the side of the plaintiffs/respondents. On the side of the defendant/ appellant, himself was examined as D. W. 1.