P YUVARAJ Vs. A SAKTHIVEL

JUDGEMENT

(1.) The judgment and decree dated 28.3.2014, passed in O.S.No.36 of 2011, by the Additional District Court, Namakkal, are being challenged in the present Appeal Suit.

(2.) The first respondent herein, as plaintiff, has instituted O.S.No.36 of 2011, on the file of the trial Court, praying to pass a preliminary decree of partition in respect of his half share in the suit property, wherein, the second respondent and the present appellants have been arrayed as defendants.

(3.) The material averments made in the plaint are that the suit property is the absolute property of one Papathiammal, who is none other than the mother of the plaintiff and first defendant and she purchased the same by virtue of sale deed dated 02.09.2002 and since then she resided in the same. On 20.11.2006, she voluntarily executed a Settlement Deed in favour of the plaintiff and first defendant and thereby settled the suit property in their favour. Since the first defendant has executed sale deeds in favour of the defendants 2 to 4 and since he is not amenable for partition, the present suit has been instituted for the relief sought therein.