SANTHA Vs. VIJAYALAKSHMI @ CHINNAPILLAIAMMAL

JUDGEMENT

(1.) These Appeal Suits are directed against the judgment and decree dated 26.06.2008 passed in Original Suit No.37 of 2005 by the Additional District Court, Krishnagiri.

(2.) The respondents 1 to 5 in A.S.No.887 of 2008, as plaintiffs, have instituted O.S.No.37 of 2005, on the file of trial Court, praying to pass a preliminary decree of partition in respect of their shares, wherein, the appellants in A.S.No.887 of 2008 and in A.S.No.889 of 2008 are arrayed as defendants.

(3.) It is averred in the plaint that one Pachaiyappa Nainar has passed away in the year 1985, leaving behind him, his two sons namely, Murugesan and Annamalai and one daughter, by name, Saratha, as his legal heirs. The suit properties are the joint family properties and some of the properties are purchased in the names of second defendant, who is none other than the wife of the first defendant and suit item No.4 of A-Schedule property has been gifted in favour of Alamelu alias Valliammal, who is none other than the wife of Pachaiyappa Nainar. The said Pachaiyappa Nainar has passed away in the year 1985 and his wife Alamelu alias Valliammal has also passed away. One of the sons of Pachaiyappa Nainar, viz. Murugesan, has also passed away, leaving behind the present plaintiffs as his legal heirs. Since all the suit properties are joint family properties and since the defendants are not amenable for having amicable partition, the present suit has been instituted for the relief sought therein.