MOHANAMBAL Vs. G. SEKAR

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree dated 15.04.2016 passed in O.S. No. 113 of 2013 by the XV Additional City Civil Court, Chennai.

(2.) The appellants herein, as plaintiffs, have instituted O.S.No. 113 of 2013, on the file of the trial Court, praying to pass a preliminary decree of partition in respect of their 7/8 shares in the suit property, wherein, the present respondent has been shown as sole defendant.

(3.) The material averments made in the plaint are that the suit property is originally belonged to one Govindasamy and he married one Radha as his first wife. The plaintiffs 4 to 7 and defendant are the children born through the said Radha and she passed away in the year 1967. After her demise, the said Govindasamy, has married the first plaintiff as his second wife and the plaintiffs 2 and 3 are the children born through her. The said Govindasamy has passed away, leaving behind him the plaintiffs and defendant as his legal heirs. In aggregation, all the plaintiffs are entitled to get 7/8 shares, whereas the defendant is entitled to get 1/8 share in the suit property. The defendant has refused to concede the demand of partition made by the plaintiffs. Under the said circumstances, the present suit has been instituted for the relief sought therein.