Ratios
a. Partition suit filed by one party against another would not bar the opposite party from filing a separate suit to claim his share in that property.
b. In a suit for partition, there is no limitation for filing a final decree application and any number of final decree applications could be filed until the suit is finally disposed of.

1. The facts, which are absolutely necessary for the disposal of this suit may be summarised as under:

1.1. The property described in the plaint A-Schedule was purchased on 24.02.1975 by Mr.Bansilal Sharma, Mr.Ramlal Sharma and Mr.Ratanlal Sharma under a registered sale deed bearing document No.134 of 1975, on the file of the sub-registrar at Sowcarpet, Chennai.

1.2. Similarly, the property described in the plaint B-Schedule was purchased on 30.04.1975 by Mr.Bansilal Sharma, Mr.Ramlal Sharma and Mr.Ratanlal Sharma from one Mr.C.Gopal under a registered sale deed bearing document No.339 of 1975, on the file of the sub-registrar at Sowcarpet, Chennai.

1.3. Mr.Ramlal Sharma is the husband of the first plaintiff (since deceased) and the father of the plaintiffs 2, 3 and 9th defendant. Mr.Bansilal Sharma is the elder brother of Mr.Ramlal Sharma and Mr.Ratanlal Sharma. The eighth defendant Mr.Ratanlal Sharma is their younger brother. Subsequent to the execution of the above said sale deeds, Mr.Bansilal Sharma, Mr.Ramlal Sharma and Mr.Ratanlal Sharma became the absolute co-owners of the properties described in the suit schedule A & B and each became entitled to an undivided 1/3rd share.

1.4.Mr.Ramlal Sharma had expired on 22.07.1977 leaving behind him his widow Mrs.Sumathi Devi, who is the first plaintiff herein (since deceased), his sons Mr.Suresh Kumar Sharma, who is the second plaintiff and Mr.Inderchand Sharma, who is the third plaintiff herein and Mr.Prakashchand Sharma, who is the 9th defendant herein as his legal heirs.

1.5.During the pendency of the suit, the first plaintiff had passed away and therefore in view of the Order dated 26.07.2010 and made in Application No.3932 of 2010, the plaintiffs 2 and 3 and the 9th defendant have been recorded as the legal heirs of the deceased first plaintiff.

1.6.Mr.Bansilal Sharma, who is the elder brother of Mr.Ramlal Sharma and Mr.Ratanlal Sharma had expired on 06.12.1995, leaving behind him, his widow Mrs.Basanthi Bai, who is the first defendant herein and the defendants 2 to 7 viz., Mr.Ganeswarlal Sharma, Mr.Chandrapal Sharma, Mr.Mahendrakumar Sharma, Mrs.Nirmala Devi, Mrs.Manju Devi and Mrs.Santhosh Devi as his legal heirs.

1.7.After the demise of Mr.Ramlal Sharma on 22.07.1977, the plaintiffs and the 9th defendant became entitled to his 1/3rd share in the properties described in the suit schedule A & B. Similarly, subsequent to the demise of Mr.Bansilal Sharma on 06.12.1995, the defendants 1 to 7 became entitled to his 1/3rd share in the properties described in the suit schedule A & B. The 8th defendant, being their younger brother, is entitled to an undivided 1/3rd share in the properties described in the suit schedule A & B.

1.8.The first plaintiff was residing in the fourth floor along with the second plaintiff. The third plaintiff has been residing in the fifth floor. The ground floor, first floor and second floor have been occupied by the defendants, while there are few tenants in the third floor. The tenants in the second and third floors are residential in nature. The defendants 1 to 8 are collecting the substantial rents from the tenants in the building and have been unauthorisedly misappropriating the entire amount collected from each tenant, without even paying a single rupee to the plaintiffs and the 9th defendant.

1.9.The plaintiffs have computed the rental income derived at Rs.50,000/- per month tentatively. The plaintiffs are also entitled to mesne profits from the rents received from the said properties from 22.07.1977, which is the date of death of Mr.Ramlal Sharma.

1.10.The plaintiffs and their brother, 9th defendant would be entitled for a sum of Rs.21,333.33 altogether, while each of the plaintiff herein would be entitled to a sum of Rs.5,333.33 per month.

1.11.After taking into account of the expenses that are involved in the maintenance of the premises, provision of amenities etc., each of the plaintiffs should be entitled to atleast a sum of Rs.4