CHADRAKANTHA Vs. RAJESWARI

JUDGEMENT

(1.) The Appeal Suit has been filed by the appellants/plaintiffs, who lost the case, seeking partition of the suit properties.

(2.) The case of the plaintiffs/appellants before the trial Court was that Item Nos.1 and 2 of the suit scheduled property "xxx" originally belong to Mr.Murugaiya Pillai, father of Mr.Vadivel Pillai and Shanmugam Pillai. After the death of Mr.Murugaiya Pillai, both the brothers enjoyed the properties jointly and thereafter out of the income derived from item Nos.1 and 2 of the suit schedule properties, properties in item Nos.3 to 7 of the suit schedule properties were purchased in the name of Mr.Thiyagarajan, who is the first respondent's husband and son of Mr.Vadivel Pillai. Eventhough, there was a partition deed entered into between Mr.Vadivel Pillai and Mr.Shanmugam Pillai on 05.11955, partitioning the scheduled item Nos.1 and 2, it was not acted upon and therefore, partition Suit has been filed, seeking partition of the properties, which have been stated in the schedule.

(3.) Based on the pleadings, the trial court framed the following issues: