C. P SUBRAMANIAM Vs. DEIVASIGAMANI GOUNDER

JUDGEMENT

(1.) This matter is taken up for hearing through Video-Conferencing. The plaintiffs in OS No.38 of 2011 have come up with this Second Appeal, aggrieved by the dismissal of their suit for partition and separate possession of their 1/3rd share.

(2.) According to the plaintiffs, the suit properties belonged to one Rasappa Gounder, who died in the year 1980, leaving behind one son and two daughters. One of the daughters viz., Poornam @ Poornammal is the wife of the first plaintiff and mother of the second plaintiff, she died on 20.04.1987. Claiming that as the daughter she would become a coparcener upon the enactment of Hindu Succession (Amendment Act 39 of 2005) Act, the plaintiff's would seek a 1/3rd share in the estate of Rasappa Gounder.

(3.) This claim is resisted by the defendants contending that the predecessor in interest viz., Rasappa Gounder died in the year 1980 and after his death there was an arrangement under which the daughters viz., Poornam @ Poornammal and the second defendant Subbayal relinquished their share in the estate of Rasappa Gounder upon receipt of a sum of Rs.25,000/-. It was also contended that the first defendant has been in possession of the property as absolute owner thereof and has sold a portion of the properties to the knowledge of Poornam @ Poornammal, the plaintiffs and the second defendant. None of them had questioned the power of the first defendant to alienate the properties as absolute owner thereof. Therefore it was contended that the plaintiffs have been effectively ousted from the enjoyment of the property by the first defendant.