SUNDARAMONI VENKATESAN Vs. T KARTHIKEYAN

JUDGEMENT

(1.) THIS L. P. A. No. 33 of 2002 is filed by the appellant/6th respondent/5th defendant against the judgment and decree passed by the learned Single Judge of this Court in A. S. No. 959 of 1985 dated 22. 6. 1998 praying to set aside the said judgment and decree in regard to the Item No. 4 of the Plaint "b" Schedule Property purchased by the appellant herein as per sale deed Ex. B6 dated 22. 12. 1980 from the first defendant.

(2.) THE 2nd and 3rd respondents herein (minors) represented by their mother and guardian have filed a suit as Plaintiffs in O. S. No. 35 of 1981 on the file of the learned Sub Judge, Nagercoil praying for partition and separate possession of their 2/3rd share in "a" Schedule joint family properties and for declaring their title to an extent of 2/3rd share in "b" Schedule properties setting aside the sale deeds executed by their father, the first defendant in favour of defendants 2 to 5 and for recovery of the same with future mesne profits at the rate of Rs. 988/- per annum from the date of suit till date of recovery.

(3.) THE learned Sub Judge, Nagercoil after considering the available materials and evidence on record came to the conclusion that the plaintiffs are entitled to the relief of partition and separate possession of 2/3rd share in Plaint "a" Schedule properties and items 1, 3 and 4 in Plaint "b" Schedule properties and that the sale deeds executed by the first defendant in favour of defendants 3 to 5 are set aside in respect of 2/3rd share of the plaintiffs and relegated the mesne profits to be decided separately in final decree proceedings.