LAWS(MAD)-2017-10-256

J SENTHIL KUMAR Vs. DURAI NAICKER

Decided On October 24, 2017
J Senthil Kumar Appellant
V/S
Durai Naicker Respondents

JUDGEMENT

(1.) Challenge in the Appeal Suit is to the judgment and decree, dated 28.09.2016, passed in Original Suit No.195 of 2015 by the II Additional District Court, Tiruvallur at Poonamallee.

(2.) The respondents 1 to 9, as plaintiffs, have instituted Original Suit No.198 of 2015 on the file of the trial Court, praying to pass a preliminary decree of partition and also to declare the documents mentioned therein are not binding upon them, wherein, the present appellants have been arrayed as defendants No.7 and 8.

(3.) In the plaint, it is averred that the first defendant, plaintiffs No.6 to 9, sixth defendant and one Yasodha are the sons and daughters of Ezhumalai Naicker and his wife Indiraniammal. Both of them have passed away. During lifetime of Ezhumalai Naicker, on 15.01.1981, a registered partition has taken place between him and his two sons, namely, first defendant and sixth defendant, wherein, the suit first item has been allotted to the share of Ezhumalai Naicker. After partition, the said Ezhumalai Naicker and his wife have acquired the remaining suit properties. One of the daughters of Ezhumalai Naicker by name, Yasodha has passed away on 24.07.1991, leaving behind him, her husband and children by name, Jothiramalingam and Rojaramani and the said Rojaramani has passed away leaving behind him, the plaintiffs No.3 to 5. Since all the suit properties are separate properties of the said Ezhumalai Naicker and his wife Indiraniammal, the plaintiffs No.1 to 5 are jointly entitled to get 1/7th share and the plaintiffs No.6 to 9 are each entitled to get 1/7th share. Further, it is averred in the plaint that the first defendant and sixth defendant have created certain documents in favour of the seventh defendant and the seven defendant has executed a Lease Deed in favour of eighth defendant and the same are not binding upon plaintiffs. Under the said circumstances, the present suit has been instituted for getting the relief sought therein.