V RAJAVELU UDAYAR DIED Vs. CHANDRASEKARAN

JUDGEMENT

(1.) S.A.No.210 of 1987 is directed against the judgment and decree, dated 29.11.1985 made in A.S.No.96 of 1982 on the file of the Sub Court, Tindivanam in confirming the judgment and decree, dated 24.4.1982 made in O.S.No.461 of 1981 on the file of the District Munsif Court, Gingee.

(2.) THE first defendant in the suit O.S.No.461 of 1981 who had lost before the two courts below, is the appellant in this second appeal. THE first defendant died pending the appeal and respondents 2 and 3 (defendants 2 and 3) were transposed as appellants 2 and 3 as they are recorded as the L.Rs of the sole deceased appellant by order dated 5.12.1991 in C.M.P.No.8902 of 1991.

(3.) THE suit O.S.No.461 of 1981 has been instituted by R.Chandrasekaran seeking the relief of partition and separate possession of his 1/4th share in the suit property and for rendition of accounts with respect to the income from 15.7.1976, till a division by metes and bounds is effected and for other incidental reliefs. According to the plaintiff, the first defendant is the father of the plaintiff as well as defendants 2 and 3. THE plaintiff further claims that he is the son of the first defendant through his second wife Angammal and defendants 2 and 3 are the sons of the first defendant through his first wife Sardambal.