SHERFUDDIN Vs. PARTHAMUTHU SOWRA

JUDGEMENT

(1.) Challenging the judgment and decree dated 20.06.1989 in O. S. No.76 of 1986 on the file of the Subordinate Judge, Pudukkottai, this appeal has been filed by the unsuccessful defendants.

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

(3.) Broadly but briefly, precisely but narratively, the case of the plaintiff as stood exposited from the plaint could be portrayed thus: the properties described in the Schedule of the plaint and other properties originally belonged to the deceased N. M. Abdul Rahiman Rowther, the father of the plaintiff and the defendants 1 to 3. By a registered partition deed dated 07.11.1963, the said original owner distributed his estate and allotted shares for himself and his sons born through his first wife and separately allotted a share nomenclatured as 'd' Schedule to the plaintiff and the defendants jointly. The plaintiff and the defendants were minors at the relevant time of emergence of the said partition deed and hence their mother represented as guardian for the minors. The defendants after attaining majority admitted the plaintiff's share in the suit properties as co-owner entitled to equal share along with the defendants. The plaintiff decided not to continue in joint possession and enjoyment of the suit properties and hence, the lawyer's notice dated 29.10.1980 emerged at her instance calling upon the defendants to agree for amicable partition and for allotment of her 1/4 th share in the suit properties, but there was no positive response. Hence, the suit for partition and for other incidental reliefs as well as for rendition of accounts.