K LAKSHMI Vs. V GANESAN

JUDGEMENT

(1.) The respon dent/defendants have filed the civil miscellaneous appeal against the order dated 30.4.1998 passed by the City Civil Court (111 Additional Judge) Chennai in I.A. No. 5093 of 1997 in O.S. No. 1682 of 1997.

(2.) For the purpose of convenience, the parties will be referred to as they were arrayed in the original suit.

(3.) The plaintiffs filed the suit for partition and allotment of one fourth share in both the items of the suit properties. The contention of the plaintiff in the suit is that both the items of properties are ancestral joint family properties consisting of his father Late Velaytham Pillai and the plaintiff and the defendants herein. Velaytham Pillai died on 30.8.1996 and his wife Alamelu Ammal pre-deceased him. The plaintiffs and the defendants 2 and 3 are residing in different portion in the first item of the property and the first defendant viz.. Lakshmi is residing in a portion in the second item of the property. After funeral ceremonies of late Velaytham Pillai, the plaintiff and the defendants sat together for amicable partition. On the basis of the amicable partition, the third defendant collected the August month rent from the tenants and spent it for death ceremony functions and agreed to collect the rent to the first defendant from September, 1996 onwards Accordingly, the third defendant collected the rent for the month of September and October, 1996 and handed over to the respondents and that thereafter stopped doing so. Hence, the plaintiff filed the suit and also the application for the appointment of Advocate Receiver.