JUDGMENT

The unsuccessful plaintiff in the suit is the appellant. He filed a suit seeking 1/6th share in the suit property. The suit as well as First Appeal were dismissed. Aggrieved by the concurrent findings against him, he is before this Court.

2. According to the appellant/plaintiff, the suit property was allotted to the share of his father-in-law Thiruvenkada Chettiar in the family partition between Thiruvengada Chettiar and his brother on 26.08.1975 and the respondents are the sons of Thiruvengada Chettiar. The suit was originally filed by the appellant against the respondents, who are the sons of Thiruvengada Chettiar and subsequently the defendants 6 to 8 namely children of appellant were added as defendants 6 to 8. Pending suit, the second defendant Kaliyaperumal died. Therefore, his legal representatives were added as defendants 9 to 11.

3. It was claimed by the appellant that the present suit property was allotted to the share of Thiruvengada Chettiar in the family partition dated 26.08.1975 and taking advantage of poor health of Thiruvengada Chettiar the respondents herein attempted to get a document executed in their favour. Therefore, a pre-suit notice was issued by the