D. PALANISAMY Vs. KOKILA

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree, dated 30.11.2010, passed in Original Suit No. 27 of 2005, by the Additional District Court, Namakkal.

(2.) The respondents 1 to 3 herein, as plaintiffs, have instituted Original Suit No. 27 of 2005, on the file of the trial Court, praying to pass a preliminary decree of partition, wherein, the present appellants have been arrayed as defendants 1 to 3.

(3.) The material averments made in the plaint are that one Palani Chettiyar has given birth to two sons, namely, Subbaraya Chettiar and Krishna Chettiar. The said Palani Chettiar has passed away leaving behind him his two sons and subsequently Subbaraya Chettiar has passed away, without leaving any issues. During the life time of Krishna Chettiar, he executed a Will in respect of his share in the joint family properties, wherein, a life interest has been given in favour of his only son by name, Dharmalingam and vested remainder should go to his grandsons, namely, the defendants 1 to 3. The said Dharmalingam has passed away intestate in respect of his half share in the suit properties. The plaintiffs and defendants 1 to 3 are the daughters and sons of the said Dharmalingam. Under the said circumstances, the plaintiffs are also having partible interest in the suit properties. Since the defendants 1 to 3 are not amenable for having amicable partition, the present suit has been laid for getting the relief sought therein.