S.M. SIVASWAMI Vs. NAGAMMAL AND ORS.

JUDGEMENT

(1.) This Appeal arises out of the Decree and Judgment in O.S.No.8 of 2002 dated 22.1.2003 decreeing Plaintiffs suit for partition in respect of plaint 'C' schedule [item No.3] and passing preliminary decree for partition of 2nd and 3rd Plaintiffs' ⅓rd share each. Unsuccessful 4th Defendant is the Appellant.

(2.) 1st Defendant-Muthusamy Gounder is the husband of 1st Plaintiff-Nagammal. Plaintiffs 2 and 3 [Kasthuri & Kavitha] are the daughters of 1st Plaintiff and 1st Defendant. Suit property relates to three items of properties. Briefly stated plaint averments are that 1st Defendant owned 4 acres of ancestral property at Sungakkaranpalayam village which was sold in the year 1974 and from out of the sale proceeds of the said 4 acres, the suit properties and other properties were purchased in the name of 1st Defendant as he was Karta of the family. Subsequently, Plaintiffs and 1st Defendant were in enjoyment of the suit properties as their joint family properties and they had been in the suit properties since 1975. From out of the income of joint family properties, Plaintiffs and 1st Defendant jointly purchased item No.3 of suit property under sale deed dated 29.11.1973. Item No.3 was purchased in the name of 1st Defendant and patta was also issued in his name as he was the Karta of joint family. 1st Defendant never enjoyed the suit properties and other properties as his separate properties. Even though kist was paid in the name of 1st Defendant, the suit properties are the joint family properties of Plaintiffs and 1st Defendant. 1st Plaintiff and 1st Defendant executed Panchayat Muchalika [Ex.A1] on 04.11.1987 treating the suit properties as joint family properties.

(3.) Further case of Plaintiffs is that 1st Plaintiff and 1st Defendant jointly conducted the marriage of 2nd Plaintiff-Kasthuri and husband of 2nd Plaintiff [Muthusamy] was known to the family since 1975. Even after the marriage, Plaintiffs 2 and 3 have been participating in the agricultural operations along with their parents and Plaintiffs are entitled to 3/4th share and the 1st Defendant is entitled to 1/4th share in the suit properties. After the marriage of 2nd Plaintiff, 1st Defendant started acting on his own without consulting the Plaintiffs. On 15.12.2000 misunderstanding arose between the 1st Plaintiff and 1st Defendant and since then Plaintiffs 1 to 3 have been separately residing at Nehru Nagar and 1st Defendant at Salai house in item No.1.