V. SUMATHI Vs. D. VEDAGIRI

JUDGEMENT

(1.) Plaintiff filed a suit for partition and separate possession of her half share in the suit properties and also for rendition of account.

(2.) The case in brief is as follows :

(3.) The plaintiff as well as her mother came to know through close relations that the defendant is having illicit intimacy with one Pappathi alias Valli, who was working as a servant-maid at Vadapalani in the joint family house. She has got a daughter already. The attitude of the defendant was questioned by the elders of the family. Enraged at this, the defendant once for all deserted his own legally wedded wife and the two minor daughters. He did not care for the family. The plaintiffs grandmother alone took care in bringing up the plaintiff as well as her mother. The defendant was getting the rent from the properties and leading a way ward life. The child Jayanthi also died on 8.10.85 and the defendant attended the funeral like a stranger. The plaintiffs grandmother also filed a partition suit in 1997 as C.S. 640/97 for possession of her ⅕th share in the entire properties. The defendant was the 4th defendant in the partition suit and he contested the suit. The plaintiff sent a legal notice to the defendant for partition of her half share in the properties and he sent untenable reply and refused to give the share. The plaintiff came to know that the defendant had sold most of the valuable properties and he had also entered into an agreement for promoting flats with one Vasudevan ignoring her right in the properties. The defendant got nearly 24 grounds at Puliyur, Kodambakkam and the defendant had sold atleast half of the properties for his wayward life and on liquor and women. The plaintiff is unable to support herself as well as her mother. The defendant is bound to render true and proper account of the collection of profits and rents through the properties. Hence, the suit.