R NARAYANSAMY Vs. MOHANASUNDARAM

JUDGEMENT

(1.) The 3rd and 4th defendants in O.S.No.571 of 2004 on the file of III Additional District Court, Coimbatore, (It was originally laid as O.S.No.1600 of 1992 before Sub Court, Coimbatore before it was transferred to III Additional District Court) have preferred this appeal challenging the preliminary decree passed in a suit for partition. For the sake of convenience, parties would be referred to by their rank before the trial court.

(2.) 1 The dispute is over four items of properties that stood in the name of a certain Rangasamy. The properties described in the 'A' and 'B' schedules in the plaint are house sites and residential buildings. 'C' and 'D' schedule properties go together; 'C' schedule is described as plot measuring 80 cents with building thereon, and 'D' schedule is a partnership firm which operated in the 'C' schedule property.

(3.) The case of the plaintiff, supported by his brother Konappan, the second defendant, is that their father Rangasamy was running a butcher stall, that all the four sons contributed extensively to the business, that the entire properties belonged to the joint family, and sought partition of the suit properties. The suit was laid against Rangasamy and his three sons and two daughters. During the pendency of the suit, Rangasamy died on 11.11.199 The plaintiff Shanmugam too has died, and his heirs were impleaded as additional plaintiffs 2 to 5.