SOMASUNDARA NADAR (DIED) AND ORS Vs. BHUSEKARAPANDIAN

JUDGEMENT

(1.) This is an appeal against the judgment and decree in O.S. No. 38 of 1973 on the file of the Court of the Subordinate Judge of Kumbakonam. The defendants in the above suit are the appellants. The first defendant is the father of the plaintiff and defendants 2 and 3 are the elder brothers of the plaintiff. Claiming that the properties described by him in the plaint are joint family properties and were treated as such by all the members of the family, the plaintiff filed the suit for partition of his one-fourth share in the suit properties and himself being put in possession thereof after effecting division by metes and bounds. The defence was that all the properties are not joint family properties and the various claims put forward by the plaintiff as regard the properties, which were admittedly non joint family properties, were denied. During the course of trial, the parties filed a memo. and in particular, an interlocutory application I.A. No. 278 of 1974 was filed, wherein the parties agreed for the appointment of two arbitrators to enquire:

(2.) What is the share to which the plaintiff is entitled?

(3.) Whether the plaintiff is entitled to any account on the income of the suit properties? and