R. SUBRAMANIAM Vs. R. SURENDRAN

JUDGEMENT

(1.) The patriarch of the family, C.R.Subramania Iyer (Subramania Iyer), and his wife, S.Balammal (Balammal), had four sons and six daughters. One of the four sons was Ramachandran. Ramachandran's son is R.Surendran (Surendran), who is the Plaintiff in C.S.No.722 of 2018. C.S.No.722 of 2018 was originally filed as O.S.No.4271 of 1998 before the XIII Assistant Civil Civil Court, Chennai. The first Defendant in C.S. No.722 of 2018 is Surendran's mother and the second Defendant is his sister. The other Defendants are the other descendants of Subramania Iyer and Balammal. The suit is filed on the basis that the "A" and "B" Schedule property are undivided properties that were not subjected to an earlier partition and that the owner of the "B Schedule property, Balammal, died intestate. Therefore, the suit is for a partition and for a declaration that the Plaintiff is entitled to 4/18 share in the "A" Schedule property and 1/27 th share in the "B" Schedule property. In addition, rendition of accounts in respect of the "B" Schedule property and division of the "A & B" Schedule properties by metes and bounds is prayed for. Subramania Iyer and Balammal had another son, S.Rajagopal (Rajagopal). Rajagopal had two sons and six daughters. One of the sons, R.Subramanian(Subramanian), and one of the daughters, Malathi Kumar (Malathi), filed O.P.No.633 of 2010 for the grant of letters of administration by propounding a registered Will and Codicil of Balambal dated 20.01.1961 and 01.05.1961, respectively, both bearing Document No.8 of 1963 on the file of the SRO, North Madras, whereby she had bequeathed the properties situated in the villages of Thirumangalakudi and Thiruvelangadu at Thanjavur District in favour of her two sons, namely, Rajagopal and Dr.S.Sankaran (Sankaran), subject to the payment of specific sums to the daughters and daughters-in-law from and out of the sale proceeds or otherwise, with the right to retain the residue. In addition, she had bequeathed the property described in the "B" schedule to the partition suit to the above mentioned two sons subject to the condition that they will not sell or alienate the property during their lives and also subject to the payment of an annuity of Rs.500 from the rent derived from the property to her daughter-in-law, Savithri, and after the life time of the last of the two sons to their children absolutely. The Respondents in O.P. No.633 of 2010 were the other descendants of Subramania Iyer and Balammal. Surendran was the 11 th Respondent therein. He lodged a caveat and decided to contest the testamentary proceedings. On that basis, O.P. No.633 of 2010 was converted into T.O.S. No.47 of 2013 and the only contesting party is Surendran. Both the suit for partition and the testamentary suit were ordered to be disposed of jointly. Subramanian was examined as P.W.1 in the testamentary suit and Exhibits P1-P24 were exhibited. On subpoena, G.Vani, Joint-1, Sub-Registrar, North Madras, was examined as P.W.2. Surendran was examined as D.W.1. Each witness was cross-examined by the learned counsel for the counter party. Surendran was examined as P.W.1 in the partition suit and 48 documents were exhibited through him as Exhibits A1-A48. Eventually, final arguments were heard in both these suits jointly.

(2.) I heard the learned counsel, Mr.G.Rajan, for the Plaintiff in T.O.S. No.47 of 2013 and Defendants 21 to 27 in C.S. No.722 0f 2018 and the learned counsel, Mr.V.K.Vijayaraghavan, for the sole Defendant in T.O.S. No.47 of 2013 and for the Plaintiff in C.S.No.722 of 2018.

(3.) The learned counsel for the Plaintiff in T.O.S. No.47 of 2013 opened his submissions by referring to the genealogy in respect of the family of the late Subramania Iyer and Balammal. In specific, he pointed out that the Plaintiffs in the testamentary suit are Subramanian and Malathi, i.e. two of the children of Rajagopal, who was the son of Subramania Iyer. The Defendant in the testamentary suit, namely, Surendran, is the son of the late Ramachandran, who was another son of Subramania Iyer and Balammal. As regards the "A" Schedule property in C.S.No.722 of 2018, he pointed out that this was originally a part of the ancestral properties of Subramania Iyer. The said Subramania Iyer had four sons, namely, Natarajan, Ramachandran, Rajagopal and Sankaran. Out of the four, Natarajan relinquished his interest in favour of the other brothers and died without children and another brother, namely, Ramachandran, who is the father of Surendran, deserted the family a long time ago. Consequently, Surendran was taken care of by his paternal uncle, Rajagopal. The last brother, Sankaran, lived in the United Kingdom until his death.