MAUNICKA POOSALI Vs. ANJALAI AMMAL

JUDGEMENT

(1.) This appeal by grant of leave has been filed by the original defendants-the appellants herein, against the judgment and decree of the High court at Madras granting preliminary decree of partition and separate possession to plaintiffs-the respondents herein, with respect to certain suit properties setting aside the judgment and decree of Trial Court as well as that of lower Appellate Court, wherein aforesaid decree with respect to same properties had been denied to respondents.

(2.) Facts necessary for the disposal of this appeal are as follows. One Thandavaraya Poosali had three sons Mottaya Poosali, Ayyaswamy Poosali and Ammasi Poosali. In the present case, the dispute is between the children of Mottaya Poosali over the division of property inherited by them. Mottaya Poosali had two sons manicka Poosali, Sadaya Poosali and a daughter, Ellammal. Sadaya Poosali died on 9.5.1962 leaving behind his widow and daughter respondent nos. 1 and 2 respecr tively. Appellants are Manicka Poosali, appellant no. 1 (since deceased and now represented through his LRs. , his wife mahalakshmi, appellant no. 3 and ellammal, his sister and appellant no. 2 herein. They would be referred to as the appellants' herein.

(3.) Through a registered partition deed dated 19. 07.1970 between Mottaya Poosali and his brothers, Plaint A Schedule item nos. 11 to 21 and 28 were allotted to Mottaya poosali out of their joint family properties. Mottaya Poosali executed a settlement deed dated 22. 03.1977 in favour of manicka Poosali conveying his share in plaint A Schedule item nos. 11 to 14, 17 to 20 and 28 allotted to him in partition dated 19. 07.1970. Further Mottaya Poosali executed a registered Will dated 23. 03.1977 bequeathing his share in Plaint A Schedule item nos. 15, 16 and his self acquired properties item nos. 22 to 26 and 29 in favour of Manicka Poosali. Mottaya Poosali died on 01.11.1978.