A VENKATESAN Vs. C KUPPAYEE

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 06.07.2016, passed in O.S.No.157 of 2013, by the II Additional District and Sessions Court, Salem.

(2.) The respondents 1 to 6 herein, as plaintiffs, have instituted O.S.No.157 of 2013, on the file of the trial Court, praying to pass a preliminary decree of partition in respect of their 6/8 shares, wherein, the present appellant has been arrayed as 4th defendant.

(3.) The material averments made in the plaint are that the suit property is originally belonged to one Pachamuthu and he passed away, leaving behind him, the plaintiffs 1 and 2, 4 to 6 and defendants 1 and 2. The mother of the 3rd plaintiff is also one of the daughters of Pachamuthu and she passed away, leaving behind her, the third plaintiff, as her legal heir. The said Pachamuthu, without considering the partible interest of the plaintiffs and defendants 1 and 2, has sold the entire suit property in favour of the 3rd defendant by virtue of sale deed dated 28.2.1974. Since the plaintiffs and defendants 1 and 2 are co-parceners of the erstwhile Hindu joint family, consisted of Pachamuthu, plaintiffs and defendants 1 and 2, the plaintiffs, in aggregation, are entitled to get 6/8 shares in the suit property. The sale deed executed by Pachamuthu in favour of the 3rd defendant on 28.2.1974 is not binding upon the plaintiffs and defendants 1 and 2. Under such circumstances, the present suit has been instituted for the reliefs sought therein.