CHANDRA MOHAN Vs. SURENDRAN

JUDGEMENT

(1.) Defendants 3 and 9 in the original suit are the appellants. The first respondent is the plaintiff in the suit. The second respondent, who is no more, is the first defendant. The third respondent is the second defendant. Respondents 4 to 8 are defendants 4 to 8 in the Original Suit. For convenience of discussion, the parties can be referred to as they are arrayed in the Original Suit. The suit was filed claiming partition and separate possession of 1/9th share in the plaint schedule properties, consisting of a house and compound owned by one Gangadharan, the husband of the first defendant. The plaintiff and defendants 2 to 8 are the children of the said Gangadharan and the first defendant. In the year 1941, Gangadharan executed a gift deed in respect of the plaint schedule property in favour of the first defendant--his wife as well as defendants two and three--the only born children at that time. The plaintiff alleged in the suit that the said gift enures to the benefit of all the subsequent born children, i.e., defendants 4 to 8 and the plaintiff also. Therefore, he claimed l/9th share in the plaint schedule properties.

(2.) The first defendant who is the wife of Gangadharan remained ex parte. However, she expired during the pendency of the suit.

(3.) The second defendant who is one of the donees under the gift deed also remained ex parte. The third defendant who is the first appellant herein resisted the suit and maintained the stand that the donor clearly intended an absolute gift to the donees made mention of in the gift deed and, therefore, the property is not partible, as claimed.