V.U. SOMASUNDARAM Vs. U. SRINIVASAN AND ORS.

JUDGEMENT

(1.) THIS is defendant's first appeal challenging the Judgment and Decree of the trial Court which has decreed the suit of the plaintiff for partition and separate possession of plaint 'A' schedule property giving them 1/4th share.

(2.) FOR the purpose of convenience, the parties are referred to as they are referred to in the original suit.

(3.) THE plaintiffs and defendant are children of late V.S. Umapathi Mudaliar and Smt. Rathnabai. The suit property exclusively belonged to their mother Rathnabai. She passed away leaving behind, her husband and children. Sri V.S. Umapathi Mudaliar also died on 15.9.1962 due to shock of death of his wife. The case of the plaintiff is, their parents died intestate. At the time of their death, defendant was approximately 17 years old. All the plaintiffs were younger to him and they were minors. Defendant took care of plaintiffs and maintained the family as Kartha. The family business of printing press was continued by him. The plaintiffs took up different job works in the press and helped the defendant. Thereafter, the plaintiffs got independent jobs and they started residing separately. The suit house is the 'Stridhan' property of their mother and as such, all of them are entitled to equal share in the suit property. The suit property was in possession of a tenant. The printing press was being run in a rented premises. The landlord of the premises filed an ejectment suit against the defendant. After the prolonged trial, the defendant negotiated on behalf of the family members and by accepting Goodwill of Rs. 7 lakhs from the owner, delivered vacant possession of the premises in the year 1993.