SANKARANPILLAI (DIED) Vs. PADMAVATHI (DIED)

JUDGEMENT

(1.) The Second Appeal has been preferred against the Judgment and decree dated 28.09.2005, passed in A.S.No.15 of 2005 on the file of the Principal District Court, Tuticorin, confirming the Judgment dated 23.07.2004, passed in O.S.No.100 of 2001 on the file of the Subordinate Court, Kovilpatti.

(2.) The plaintiffs and defendant are sisters and brother. The plaintiffs have stated that the suit property originally belong to their grandfather Vaithiyalingam Pillai and after his death, father of the plaintiffs and defendant, namely, Kandhasamy Pillai, enjoyed the said property. After the life time of their father, the plaintiffs and the defendant are the legal heirs jointly in possession and enjoying the property. It is also the case of the plaintiffs that during the year 2000, the defendant is acted against the interest of the plaintiffs and also attempted to sell some of the properties and hence, the plaintiffs filed a suit for partition and claiming each 1/3rd share in the suit properties.

(3.) The defendant in the written statement has denied the joint possession of the suit property by the plaintiffs and stated that he was separately enjoying the suit property for the past 40 years and he was only performing the marriage of the plaintiffs and only under the instigation of others, the plaintiffs are demanding partition. Further, the defendant also sold certain items of properties and the purchasers are in possession of the same.