The plaintiff did not acquire a right by birth in the property as per Section 8 of the Hindu Succession Act.

1. This appeal has been preferred by the unsuccessful second and third defendants against the judgment and decree dated 30.01.2003 made in O.S.No.1698 of 1997, on the file of the II Additional City Civil Judge, Chennai.

2. The following are the averments in the plaint succinctly stated:

2(i). The first defendant is father of the plaintiff. The first defendant is the only son to his parents. At the time of marriage, the first defendant was doing plastic business separately and earning a sum of Rs.4,000/- per month. After the marriage his wife came to know that her husband was in the habit of consuming alcoholic drinks and addicted to the same and consequently his father could not meet the family expenses. Both the plaintiff and his mother were treated cruelly by his father/the first defendant. A complaint was also made with regard to dowry harassment with Women Police Station, Thousand Lights, Chennai.

2(ii). The plaintiff is not in possession of the suit property. Since the first defendant is leading wayward life, his sister G.Lalitha filed a partition suit in C.S.No.1728 of 1993 in this Court for partition and separate possession of the properties of N.Ramakrishnan i.e., the father of the first defendant. The said suit was decreed on the basis of a compromise memo wherein the first defendant has been allotted ancestral property to an extent of 1811 sq. ft. The plaintiff has stated that he is entitled to half share in the above said property. The first defendant is trying to alienate the above said property and that would deprive the valuable rights of the plaintiff to the suit property. Hence, the plaintiff has filed a suit for partition of his half share in the suit property. The first defendant is liable to pay mesne profits from the date of plaint till the date of separate possession of the half share.

3. The written statement filed by the second and third defendants contains the following averments:

3(i). The defendants deny all the allegations made in the plaint and they are aware of the alleged habits of the plaintiffs father and alleged treatment meted out to the mother of the plaintiff. The first defendant was the absolute owner by virtue of a decree passed in C.S.No.1728 of 1993 by this Court. The first defendant has offered to sell the property and approached these defendants to buy the same for a valuable consideration and accordingly the defendants purchased the schedule mentioned property under two different sale deeds from the first defendant on 03.04.1997 and 17.04.1997 and registered as Doc.No.357/97 and 392/97 respectively. These defendants have paid the entire sale consideration to the first defendant and taken possession of the schedule mentioned property. Subsequent to purchase, the electricity connection has been transferred in the name of these defendants. The property tax is also assessed in the name of the defendants. The defendants 2 and 3 had also obtained patta on 04.06.1997.

3(ii). The defendants have categorically stated the above facts in the counter affidavit filed in the impleading application. The plaintiff is not entitled to any share in the property in view of the fact that before the plaintiffs birth the plaintiffs mother had lived separately and afterwards only the plaintiff was born and hence the claim made by the plaintiff is not sustainable in law. Having regard to the circumstances of the case and having regard to the birth of the plaintiff, the plaintiffs claim of the alleged half share in the plaint schedule property is not tenable and therefore the claim made by the minor plaintiff has to be rejected. The plaintiffs mother is filing this vexatious suit only to give trouble to the defendants 2 and 3 including the first defendant. Therefore, they prayed for dismissal of the suit with costs.

4. After analysing the pleadings, evidence and the records, the learned II Additional Judge, City Civil Court, Chennai, has passed the preliminary decree as prayed for with costs. Aggrieved a