JEYALAKSHMI AND OTHERS Vs. A. NACHIYAPPAN AND OTHERS

JUDGEMENT

(1.) This Appeal has been filed by the defendants 1,4,6,7 and 8 in the suit in O.S.No.477 of 2004 on the file of the Additional District and Sessions Court (Fast Track Court No.III), Madurai.

(2.) The first respondent in this appeal, as plaintiff, filed a suit in O.S.No.477 of 2004 for partition and separate possession of 19/32 share in the suit property and for consequential relief.

(3.) The case of the plaintiff is that the suit property is the ancestral property of one Sundaram Iyer and his three sons, namely, the defendants 2, 3 and 4. It is also the case of the plaintiff that the said Sundaram Iyer and his three sons constitute a Hindu joint family. According to the plaintiff, after the death of Sundaram Iyer, his three sons will be entitled to 9/32 share each and his daughters and wife are entitled to 1/32 share each. The plaintiff contended that he purchased 19/32 share from defendants 2, 3 and 5 under three separate documents, namely, Exs.A2, A3 and A1 respectively. As a purchaser from the coparceners, the plaintiff claimed that he is entitled to partition and separate possession of his 19/32 share.