ARUNACHALA GOUNDER (DEAD) Vs. PONNUSAMY

JUDGEMENT

(1.) Challenge has been laid in this Civil Appeal to the judgment and order dated 21.01.2009 passed by the High Court of Judicature at Madras (hereinafter referred to as 'High Court ') dismissing a regular First Appeal being A.S. No. 351 of 1994 filed under Section 96 of the Code of Civil Procedure, 1908, challenging the judgment and decree dated 01.03.1994 rendered by the Trial Court dismissing Original Suit No. 295 of 1991 for partition filed by the appellant herein, claiming 1/5th share in the suit properties.

(2.) The following genealogy of the parties is necessary to be taken note of for appreciating their claims and contentions :­

(3.) Suit for partition was filed by Thangammal, daughter of Ramasamy Gounder, claiming 1/5th share in the suit property on the allegations that the plaintiff and defendant nos. 5 and 6, namely, Elayammal and Nallammal and one Ramayeeammal are sisters of Gurunatha Gounder, all the five of them being the children of Ramasamy Gounder. The said Ramasamy Gounder had an elder brother by the name of Marappa Gounder. Ramasamy Gounder, predeceased his brother Marappa Gounder who died on 14.04.1957 leaving behind the sole daughter by the name of Kuppayee Ammal who also died issueless in 1967. Further case set up by the plaintiff/appellant was that after the death of Marappa Gounder, his property was inherited by Kuppayee Ammal and upon her death in 1967, all the five children of Ramasamy Gounder, namely, Gurunatha Gounder, Thangammal (Original Plaintiff now represented by legal heir), Ramayeeammal, Elayammal and Nallammal are heirs in equal of Kuppayee and entitled to 1/5th share each.