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2018 Supreme(Mad) 3938

P.T.ASHA
V. Venkatramana – Appellant
Versus
Padmavathy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :N. Kumar Rajan, Advocate.

JUDGMENT :

1. The 4th defendant pendente Lite purchaser is the appellant in the above Second Appeal which arises against the Judgment and Decree in A.S.No.92 of 2012 of the learned Subordinate Judge, Kancheepuram modifying the Judgment and Decree passed by the learned District Munsif-Cum-Judicial Magistrate, Uthiramerur in a suit O.S.No.86 of 2006 filed by the plaintiffs/respondents 1 and 2 herein for a partition and separate possession of their 2/3rd share in the suit property and for a consequential injunction.

Plaintiff's Case:

2. The suit properties originally belonged to one Balakrishna Reddiar who had two sons – Ramadoss who died issueless on 22.01.1996 and his wife Sunderammal pre-deceased him in the year 1994 itself and the other son Munusamy who is the husband of the 1st plaintiff and father of the 2nd plaintiff and 1st defendant.

3. The plaint would proceed on the basis that after the death of Balakrishna Reddiar his sons had orally partitioned the properties under which the A-Schedule properties were allotted to Munusamy and the B-Schedule properties to the Ramadoss. After the death of the said Munusamy on 01.04.1993 and Ramadoss on 22.01.1996, the properties devolved equall






















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