N.RAMSUDHAN @ HARIHARA SUDHAN Vs. MASILAMANI & ORS

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 16.11.2016, passed in O.S.No.163 of 2014, by the I Additional District and Sessions Court, Tiruppur.

(2.) The respondents herein, as plaintiffs, have instituted O.S.No.163 of 2014, on the file of the trial Court, for getting the reliefs of partition of 2/3 share of the plaintiffs 2 and 3; for passing a decree of maintenance in favour of the first plaintiff and also for creating charge over the share of the defendant.

(3.) It is averred in the plaint that the first plaintiff is the legally wedded wife of the defendant and both of them have blessed with the plaintiffs 2 and 3. The suit properties are ancestral properties and the same have been allotted to the share of the defendant in a partition suit instituted in O.S.No.368 of 1970. Since the suit properties are joint family properties, the plaintiffs 2 and 3 are also having equal shares along with the defendant. Further it is averred in the plaint that the defendant has failed to maintain the first plaintiff and under the said circumstances, the present suit has been instituted for getting the reliefs sought therein.