C V BARANI KUMAR Vs. C V SATHYA

JUDGEMENT

(1.) The civil suit is filed by the plaintiffs for partition and separate possession of the plaint 'A' and 'B' schedule properties by metes and bounds.

(2.) The plaintiffs and the defendants 2 & 3 are sons of C.S.Velayudam Chettiar and the 1st defendant is wife of C.S.Velayudam Chettiar and mother of plaintiffs and defendants 2 and 3 and. C.S.Velayudam Chettiar died intestate on 17.01.1989 leaving behind the plaintiffs and the defendants 1 to 3 as his legal heirs.

(3.) The case of the plaintiffs is that their father purchased the plaint "A" schedule property bearing Door No.18, OS.No.238 & 315, RS.No.366 and 367 at Noor Veeraswamy Street, Nungambakkam, Chennai - 34 measuring to an extent of 2,200sq.ft with superstructure vide registered sale deed in Doc.No.1518 of 1969 dated 06.10.1969 out of his own earnings, savings and income. After the death of C.S.Velayutham Chettiar the property devolved on the plaintiffs and the defendants 1 to The plaintiffs father was also in possession of one ancestral property in Door No.31, Spurtank Road, Chetpet, Chennai-31 morefully described in Schedule 'B' of the plaint, which was purchased by the grandfather of the plaintiffs and the defendants 2 and 3, vide Doc.No.432 of 1958 dated 19.02.1958, the father of the plaintiffs and the defendants 1 to 3 were living with the said property. Thereafter, except for a brief period the defendants 1 to 3 moved to plaint "A" schedule property as set out later and moved back to plaint "B" schedule property. The plaint "B" schedule property is also not partitioned between the plaintiffs and the defendants 1 to