VENKATACHALAM Vs. NACHAYEE AMMAL

JUDGEMENT

(1.) THIS appeal has been preferred against the decree and judgment passed in O. S. No. 69 of 1990 on the file of the Second Additional Subordinate Court, Erode. The suit is for partition and separate possession of plaintiffs' 2/9 share in the suit property.

(2.) THE brief facts of the case of the plaintiff's in the plaint are as follows:-

(3.) ON the basis of the above pleadings, the learned Sub-Judge has framed five issues and one additional issue and on the basis of the documentary and oral evidence, has come to a conclusion that the properties are joint family properties of Gangama Nayakkan and consequently decreed the suit as prayed for by granting preliminary decree for partition of plaintiff's 2/9th share. Aggrieved by the findings of the learned sub-Judge, the Defendants 1 to 4 and 7 have preferred this appeal. Defendants 5 and 6 remain exparte.