line in the rough
plan attached to the plaint.
A Partition deed dated 23.11.1950 was executed among
five brothers; Narayanaswami, Parangusa Chettiar,
Purushothaman Chettiar, Radhakrishnan ... Chettiar and
Aravamutha Chettiar. Under the said partition, 'C' Schedule
items were allotted to Purushothaman Chettiar and 'E'
schedule items were
Respondent No.1 and Respondent No.2 are brothers. A
suit for partition was filed by Respondent No.1. A preliminary decree was
passed ... Code of Civil Procedure which
is in the following terms :
"54. Partition of estate or separation of share.-
Where the decree
property that would have been allotted to him if a partition of the
property had taken place immediately before his death, irrespective
of whether ... entitled to claim partition or not.
Explanation 2- Nothing contained in the proviso to this section
shall be construed as enabling a person
properties mentioned above were the joint family properties and therefore, he sought partition of the said properties. The following properties formed part of Schedule ... Schedule are self-acquired properties and therefore, there was no question of partition. The trial court however, decreed the suit of the plaintiff as mentioned
plaintiff filed a suit being O.S.No.409 of 1981 for partition and
separate possession and also claimed for rendition of accounts. The
plaintiff ... were giving her share of income from the
properties. She demanded partition of the properties. It was
promised by both the sons of Raju Naidu
these two plaintiffs and they constituted a joint family. Under a registered Partition dated 20.12.1971, they effected partition of the joint family properties ... fallen to the share of each of these plaintiffs. Though the partition took place in the year 1971, the revenue records continue in the name
Section 35(2) of the said Act in a suit for
partition relating to agricultural land. Originally the suit was
filed by the appellant ... mother. She had filed the suit for
partition of the scheduled property claiming that the same
should be divided into two equal shares by meets
suit was filed before the Sub-Divisional Officer by the respondents for
partition of suit properties claiming two-third share therein. In the plaint ... plaintiffs' clear-cut case that the partition suit was filed for partition of notional share of
Nagar Mal. Undisputedly, the suit properties were ancestral
such the fourth defendant and his brothers decided to effect a partition of the family properties. Accordingly, the fourth defendant's eldest brother ... Vanajakshamma, the plaintiff and defendants-4 to 6 effected partition amongst themselves by a registered partition deed dated 29.8.1974 and each one was allotted
JUDGMENT
Swatanter Kumar, J.
1. The plaintiff has filed a suit for partition of properties and rendition of accounts as stated in paragraph ... conduct of the defendants compelled her to file the present suit for partition and rendition of accounts.
2. The suit was contested by the defendants
