P.THANGAVEL, S.JAGADEESAN
E. Ramesh – Appellant
Versus
P. Rajini – Respondent
S. Jagadeesan, J.
1. Theappeal has been filed against the judgment and preliminary decree passed by the learned single Judge dated 7.10.1999 in C.S.No. 384 of 1999.
2. Respondents 1 and 2 herein filed the said suit claiming partition and for allotment of 2/5th share on the ground that the suit property originally belonged to one Ethirajulu and Andal - the parents of the appellants and the respondents. The appellants herein -defendants 1 and 2 in the suit had no objection for the share of the first respondent herein -the first plaintiff in the suit. So far as the second respondent herein is concerned, the appellants objected on the ground that she married a Muslim by converting herself into Islam and as such, she is not entitled for the share. The other objection of the appellant's that B-Schedule property being a residential house and the appellants herein being the male members of the Hindu Joint Family, till they opt for partition, it is not open to respondents 1 and 2 herein to seek partition.
3. The learned single Judge, after considering the contentions raised by both sides, ultimately by his judgment dated 7.10.1999, granted a preliminary decree as prayed for by r
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