M. KRISHNAMOORTHY Vs. K. PONDEEPANKAR

JUDGEMENT

(1.) The 3rd Defendant is O.S. No.3 of 2007 is the Appellant. It is a Suit for Partition, where the Plaintiff claimed th share in the A and C Schedule properties and half share in the B-Schedule properties with a direction to the 3rd Defendant to render true and correct account of the Suit A and B Schedule properties.

(2.) According to the Plaintiff, the Suit properties belong to the Joint Family of the Defendants 1 to 3. The 1st Defendant is the father of the Defendants 2 and 3. The Plaintiff is the son of the 3rd Defendant. In a Partition that took place on 15.11.1985 between the Defendants 1 to 3, the Suit B and D Schedule properties were exclusively allotted to the 3rd Defendant. In so far as C-Schedule property is concerned, the 1st Defendant was given life interest and after his life time, the 2nd and 3rd Defendants will take the C-Schedule properties equally. The other property in which life interest was given to the 1st Defendant was to be taken by the 2nd Defendant absolutely. The 3rd Defendant married Plaintiffs mother Radhika in the year 1984 and the Plaintiff was born out of the wedlock on 6.11984.

(3.) The 3rd Defendant started living leading a wayward life and started ill-treating the Plaintiff and his mother. In Aug. 2005, the 3rd Defendant left the Plaintiff and his mother and started living at Sellakuttipalayam, Bhavani Taluk. Despite the request by the Plaintiffs mother, the 3rd Defendant refused to live with the Plaintiffs mother. Accusing the 3rd Defendant of desertion, the Plaintiff has sought for Partition.