VASANTHA Vs. PUSHPA

JUDGEMENT

(1.) Challenge in this second appeal is made to the Judgment and decree dated 30.04.2010 passed in A.S.No.8 of 2009 on the file of the Additional District Court, FTC II, Chennai, confirming the judgment and decree dated 22.07.2008 passed in O.S.No.7995 of 2006 on the file of the XVIII Assistant City Civil Court, Chennai.

(2.) The suit has been laid by the plaintiffs for partition and permanent injunction.

(3.) The case of the plaintiffs, in brief, is as follows: The plaintiffs are the daughters of late Thiruvengada Naicker and Varadhammal. Thiruvengada Naicker died leaving behind his wife Varadhammal and sons Kannan, Natesan, Elumalai and Rajendran and daughters viz., the three plaintiffs. Varadhammal also died. Kannan died leaving behind the defendants 1 to 4 as his legal heirs. Another son Elumalai also died leaving his legal heirs as defendants 5 to 7. As such, Thiruvengada Naicker died leaving behind 7 branches of legal heirs. The suit property is the absolute property of Thiruvengada Naicker. The plaintiffs are also having portions in the suit property. After the death of Thiruvengada Naicker, the plaintiffs and the defendants are residing in the suit property and the same has not been divided by metes and bounds. As such, the plaintiffs are each entitled to 1/7th share in the suit property. The plaintiffs demanded partition by making several requests and also, issued notice to the defendants on 06.10.2003, even thereafter, the defendants did not come forward for amicable partition. Hence, the suit.