RAJALAKSHMI Vs. S MURUGESAN

JUDGEMENT

(1.) THIS appeal is focussed as against the judgment and decree dated 30. 03. 1990 in O. S. No. 47 of 1989 on the file of the Subordinate Judge, ramanathapuram at Madurai.

(2.) THE parties, for convenience sake, are referred to hereunder according to their litigative status before the trial Court.

(3.) BROADLY, but briefly, the case of the plaintiff would run thus: one deceased Shanmugam Servai and Ponnathal, the second defendant herein, gave birth to Murugesan, the plaintiff, Rajalakshmi, the first defendant, muthuvelu Ammal, the third defendant and Pushpavalli, the fourth defendant. The said Shanmugam Servai died on 18. 11. 1968 leaving behind his wife and children as his legal representatives. It so happened that except the first defendant, others have relinquished their rights in the suit property in favour of the plaintiff. The first defendant has not come forward for amicable partition. Hence, the suit for partition and for allotment of his 9/10 th share in the suit properties.