K.M.SUBRAMANIAM Vs. PARVATHIAMMAL

JUDGEMENT

(1.) The 2nd plaintiff in OS No 19 of 2004 on the file of Principal District Court, Vellore, a suit for partition, or for an alternative relief of declaration that the 2nd plaintiff is the owner of the suit property and for a permanent injunction restraining the defendants from interfering with the possession and enjoyment of the 2nd plaintiff, is the appellant.

(2.) According to the plaintiffs the suit properties belonged to 1st plaintiff and first defendant who are brothers. The 2nd plaintiff happens to be the son of the 1st defendant. The defendants 2 to 7 are daughters and 8th defendant, the wife of the first defendant. The first plaintiff and second defendant claimed that the suit properties belonged to the joint family consisting of the 1st plaintiff and 1st defendant and there had been no partition. While so the 1st defendant had executed certain settlement deeds in favour of his daughters settling the specific portion of the undivided property in favour of his daughters, which compelled the plaintiffs to issue notice on 206.1990 demanding partition and file the above suit.

(3.) The suit was originally filed in the year 1991 before the Sub-Court, Vellore and upon transfer, the suit came to be numbered as O.S.No.19 of 2004 on the file of the Principal District Judge, Vellore. During the pendency of the suit, the 1st plaintiff died. Upon his death, the 2nd plaintiff claimed the property as per the Will executed by the 1st plaintiff in his favour on 007.1989.