V K JOHN Vs. W S SEETHARAM

JUDGEMENT

(1.) ALL the three appeals having been preferred by common appellant against common order, they were heard together and disposed of by this common judgment.

(2.) THE suit, C.S. No.423/95 was preferred by plaintiff, V.K.John (appellant herein) for partition by meets and bounds of the properties of Late Mrs.Elie John, situated at Nungambakkam, Chennai and Kodaikanal as described in Schedule 'A', 'B', 'C' and 'D' of the plaint. In the said suit, an application No.5707/07 was filed by appellant/plaintiff amending the relief claiming for the entire property. Two other applications were preferred, one by Prema Chandrasekar (Appln. No.5857/07) and another by T.R.T.Thirumalvasi (Appln. No.5958/07) for impleading them as proposed defendants.

(3.) AT this stage, it is relevant to state that W.S.Seetharam, who was impleaded as 3rd defendant, appeared in person and disputed the aforesaid family tree to the extent where it is stated that Lilie Seetharam (2nd defendant), after second time marriage with W.S. Seetharam, left him in 1965. According to W.S.Seetharam, there was no separation between Lilie Seetharam and him and such statement that Lilie Seetharam left him (W.S.Seetharam) is incorrect.