IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21.09.2021 CORAM:

THE HONOURABLE MR.JUSTICE M.GOVINDARAJ S.A.No.643 of 2016 and C.M.P.No.11890 of 2016 S.C.Sugumaran ... Appellant Vs.

1.S.Renuka 2.S.Ponselvi

3.Vijayalakshmi

4.Anandhan 5.Sangeetha

6.Kalpana

7.Jayanthi ... Respondents (Respondents 1 and 2 are impleaded as legal heir in the place of the deceased 1^st respondent as per the order passed in C.M.P.No.1431/2014 in A.S.No.183/2012)

PRAYER: The Second Appeal has been filed under Section 100 of the Civil Procedure Code to set aside the decree passed in A.S.No.183 of 2012 by the VI Additional City Civil Court Judge, Chennai on 13.03.2015 by reversing the judgment and Decree in O.S.No.1627 of 2010 on the file of XI Assistant Judge Court, Chennai on 20.01.2012.

For Appellant : Ms. V.Thulasi For Respondents : Mr. S.Sridhar - - - - -

J U D G M E N T

The plaintiff is the appellant in the Second Appeal. The plaintiff filed a suit for partition of the suit property on the ground that plaintiff father died intestate and that the legal heirs are entitled to a share in that.

2. According to the plaintiff, the first defendant is the elder of the family, taking advantage of the situation that the pl