ROSAL Vs. SELVARAJ (DIED) AND ORS.

JUDGEMENT

(1.) The first defendant in the suit in O.S.No.12 of 1986 is the appellant in the above appeal.

(2.) The first respondent herein is the plaintiff in the suit in O.S.No.12 of 1986 on the file of the Sub Court, Padmanabhapuram. The first respondent, as plaintiff, filed the suit for declaring that the document gift deed dated 27.04.1982 alleged to have been executed by Late Ponniah Nadar, is void or alternatively to set aside the said document dated 27.04.1982.

(3.) The case of the plaintiff is that the suit property is the ancestral property of the plaintiff and his father Late Ponniah Nadar. It is the further case of the plaintiff that he had filed a suit earlier in O.S.No.381 of 1976 on the file of the District Munisif Court, Padmanabhapuram, for partition of the joint family properties including the suit properties and that the suit was decreed for partition of his 1/2 share in the properties described as "A" and "B" schedule in the earlier suit.