JUDGMENT

(Prayer : Appeal Suit filed under Section 96 of the Code of Civil Procedure to set aside the judgment and decree passed in O.S.No.1 of 2012 dated 08.02.2017 on the file of Principal District Judge, Perambalur.)

1. The defendants 1 to 3 in O.S.No.1 of 2012, who had suffered a decree for partition and separate possession of half share of the plaintiff in the suit properties are the appellants.

2. For the sake of convenience, the parties will be referred to as per their rank in the suit.

3. The plaintiff laid a suit for partition and separate possession of his half share contending that the items 1 to 10 of the suit properties belonged to the joint family of Rathinam Nainar and his three sons including the 1st defendant. At a partition that took place between the Rathinam Nainar and his sons on 21.07.1994, the suit properties were allotted to the 1st defendant, father of the plaintiff. The 1st defendant married the plaintiff's mother Amudha on 04.09.1989 and the plaintiff was born out of the said wedlock. It is also pleaded that the 1st defendant drove away the plaintiff's mother from the matrimonial home during the year 1992-1993 and has been living with the 2nd defendant since