RAMASAMY Vs. RAJAGOPAL(DIED)

JUDGEMENT

(1.) Challenging the judgment and decree passed in A.S.No.42 of 2010, on the file of I Additional Subordinate Court, Nagercoil confirming the judgment and decree passed in O.S.No.247 of 2000, on the file of II Additional District Munsif Court, Nagercoil, the plaintiff has filed the above Second Appeal.

(2.) The respondents 1 and 2 are the defendants in the suit. The first defendant died during the pending of the Second Appeal and his legal heir has been brought on record as the third respondent. The plaintiff filed the suit in O.S.No.247 of 2000 for partition, permanent injunction and to declare that the partition deed dated 23.08.1999 as null and void.

(3.) The brief case of the plaintiff is as follows: According to the plaintiff, the defendants are his brothers. The plaintiff is the son of one Thangaiah through his first wife Thangammal. The defendants are the sons of Thangaiah through his second wife Ponnammal. The said Thangaiah married Ponnammal as the second wife without the consent of his first wife. Thangaiah died intestate. The plaintiff and the defendants are in joint possession and enjoyment of his properties. The plaintiff is entitled to 1/3rd share. Since the defendants refused to partition the suit property, the plaintiff has filed the suit for partition. The defendants tried to cut the standing trees in the suit property. Hence, the plaintiff has filed the suit for the relief of permanent injunction.