R. BANUMATHI, J

1. Challenge in this appeal is the preliminary decree for partition passed in C.S.No.215 of 1996 dated 27.04.2009 directing partition of the suit property and allotting 1/3rd share to each of the Respondents/Plaintiffs. Unsuccessful, 2nd Defendant is the Appellant in this appeal.

2. Suit property is the self acquired property of A.Parthasarathy who died intestate on 12.11.1975. The genealogy of A.Parthasarathy is as under:-

Parthasarathy

[died on 12.11.1975]

= Selvanayagi [D1]

[died on 04.09.1998]

DevasenapathyBhuvaneswari Shenbagavalli Karthikeyan

(died on (P1) (P2) (D2)

07.09.1988)

3. Case of Plaintiffs is that after the death of their father, Defendants 1 and 2 have been living in the suit property and have also let out some portion of the property on lease and are appropriating the rental income to themselves. Inspite of Plaintiffs' request for partition of the suit property, Defendants 1 and 2 have evaded their demands and hence, 1st Plaintiff issued Ex.P1-legal notice [30.04.1982] to the Appellant/2nd Defendant not to let out the suit property or altering the physical features of the suit property and 2nd Defendant was reluctant to partition the suit proper