(1.) FIRST defendant in O.S. No. 87 of 1978, on the file of the District Munsif's Court at Melur, is the appellant before this Court.
(2.) SUIT filed by the plaintiff, after amendment of the plaint, is to direct the defendants to surrender possession of the properties to the plaintiff without let or hindrance, and for payment of mesne profits. Alternatively, a decree is also sought for partition claiming half share over the plaint items.
(3.) IN the written statement filed by the first defendant, he contended that the suit is not maintainable. According to him, plaintiff cannot be a legal heir of Ramasami Konar. The further statement that the properties are self-acquired properties of Ramasami Konar is false. All the properties are joint family properties, and the first defendant has obtained the same by survivorship. The plaintiff cannot claim any right since the properties are joint family properties. He prayed for dismissal of the suit.