ELUMALAI @ VENKATESAN Vs. M. KAMALA

JUDGEMENT

(1.) Leave granted.

(2.) One Shri Sengalani Chettiar was married to one Rukmini. The said marriage produced a son, namely, Shri Chandran. The appellants are the sons of Shri Chandran. Sengalani Chettiar married again this time with one Smt. Kuppammal. From the second marriage Sengalani Chettiar had 5 daughters and a son. The controversy in this case relates to A-Schedule property in the suit for partition filed by two children out of the 6 children born to Sengelani Chettiar from his second marriage. The property in dispute was the self-acquired property of Shri Sengalani Chettiar. In regard to the said property, Chandran,the father of the appellants had executed a Release Deed. The terms of the Release Deed dtd. 12/11/1975, are as follows:

(3.) As destiny would have it, Shri Chandran passed away on 9/12/1978. Sengalani Chettiar died on 19/1/1988. The second wife of Sengalani Chettiar, Smt. Kuppammal breathed her last on 25/8/2005. O.S. No.8173 of 2006 came to be filed by one Uma Ravi Chandran and Vinayaga Murthy, who were, as already noticed, children of Sengalani Chettiar from his second marriage.