C. ASHOK KUMAR Vs. SANTHAMMAL

JUDGEMENT

(1.) The appeal suit is filed against the judgment and decree dated 27.09.2016, passed in O.S.No.138 of 2012. The plaintiff is the appellant in the appeal suit. The suit was instituted for partition to pass a preliminary decree and allot 1/4th share from the suit properties described in the plaint schedule.

(2.) The appellant/plaintiff contended that the first defendant is his mother and the defendants 2 and 3 are the brothers. The appellant/plaintiff states that the suit properties are the ancestral properties of the plaintiff and the defendants. A larger extent of property was acquired by Mr.Chandraiya, who is the husband of the 1st defendant and the father of the plaintiff and the defendants 2 and 3. Mr.Chandraiya had purchased several items of properties. Mr.Chandraiya was a PWD contractor and through his contract works, he earned several items of properties. Plaintiff states that he is the eldest son, accompanied with his father's contract work, obtained heavy vehicle driving license (Road Roller) and supported the business of his father, who abandoned his school education. Right from the young age, he is attached with his father's business and earned lot of money and under the joint earnings Late. Mr.Chandraiya had purchased the properties. The properties set out in the suit schedule are the ancestral properties and the properties purchased by them was from the ancestral nucleus and also the joint effort of the plaintiff and his father Mr.Chandraiya.

(3.) During the life time of Mr.Chandraiya, in the year 2001, he executed a will and the same was registered as document No.35 of 2008 before the Sub- Registrar at Anna Nagar. Mr.Chandraiya arranged the marriage of the plaintiff in a grand manner during the year 2008. Apart from the will, Mr.Chandraiya and the first defendant mother had executed a settlement deed in favour of the plaintiff as father and mother of the plaintiff during the year 2010. Therefore the plaintiff's father as well as defendants were jointly enjoyed the suit properties as a Hindu Joint Family Properties without any division. Mr.Chandraiya died intestate.