PICHAKARAPPILLAI Vs. PACHAYAPILLAI

JUDGEMENT

(1.) The first defendant has preferred this appeal challenging the judgment and decree, dated 18.12.2002, made in O.S. No. 1 of 2002 on the file of Additional District Judge (Fast Track Court) at Kallakurichi.

(2.) The respondents 1 to 3 filed the suit seeking for a preliminary decree for partition and separate possession of their 4/9 share in the suit property and for costs of the suit.

(3.) The case of the plaintiffs is that the suit properties belonged to undivided Hindu joint family consisting of Natesappillai and his sons Pichakarappillai and Ramuppillai and Natesappillai died intestate 30 years ago and his wife predeceased him and the second defendant Pachayee is the daughter of Natesa Pillai and Ramuppillai died intestate on 3.7.1998 leaving the plaintiffs as legal heirs. It is further stated that first and second plaintiffs are his sons and third plaintiff is his wife and they are entitled to 4/9 share; first defendant is entitled to 4/9 share; second defendant is entitled to 1/9 share in the suit properties and the plaintiffs have demanded partition of 4/9 share in the suit properties but the defendants are evading the same inspite of receiving notice from the plaintiffs.