K SHANMUGAM Vs. KANGAI AMMAL

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree passed by the Additional District and Sessions Court, Fast Track Court No.1, Madurai, made in O.S.No.29 of 2005, dated 29.09.2008.

(2.) This appeal has been filed by the defendants 7 and 8 in O.S.No.29 of 2005, on the file of the Additional District and Sessions Court, Fast Track Court No.1, Madurai. Respondents 1 and 2, as plaintiffs have filed the suit in O.S.No.29 of 2005, for partition and separate possession of their 2/5 share in the suit properties and for mesne profits.

(3.) The case of the plaintiffs /respondents 1 and 2 is that the suit properties originally belonged to one K.P.Kuppusamy Mooppanar and the same are the self acquired properties of the said K.P.Kuppusamy Mooppanar. The first plaintiff is the first wife of the said Kuppusamy Mooppanar and the second plaintiff is her daughter. Defendants 1 and 2 are admittedly the children of Kuppusamy Mooppannar, through his second wife. Defendants 3 to 6 in the suit are the legal heirs of yet another brother of the second plaintiff. It is not in dispute that the defendants 1 to 6 remained ex-parte throughout the proceedings before the trial Court. The case was contested only by the defendants 7 and 8. The defendants 7 and 8, admittedly the purchasers of the suit properties from defendants 1 and 2.