B. PUSHPAVALLI Vs. V.K. SIVASANKARAN AND ANOTHER

JUDGEMENT

(1.) This Appeal Suit is directed against the judgment and decree dated 21.2.1986 rendered in OS No. 46 of 1983 by the Court of Principal Subordinate Judge, Madurai.

(2.) The plaintiffs in the suit are the appellants herein and they have filed the suit for partition allotting ⅓rd share in 'A' schedule and ⅔rd share in 'B' schedule of the suit properties in favour of the first plaintiff and ⅙th share of item No. 1 of the 'B' schedule in favour of the second defendant dividing the same by metes and bounds and delivery possession of such divided share to the plaintiffs and for costs.

(3.) The sum and substance of the case of the plaintiffs as per the plaint is that the first defendant is the brother of the first plaintiff and their father is one Kandasamy Pillai and the second plaintiff is the mother of the first plaintiff and the first defendant, that the said Kandasamy Pillai died on 27.8.1979 leaving the plaintiffs and the first defendant as his legal heirs, that the A schedule properties are the ancestral properties of Kandasamy Pillai which fell to his share in the family partition dated 7.2.1941, that it was an oral partition and to evidence the same, a partition list was prepared, that the properties shown in schedule C to the said list were allotted to Kandasamy Pillai and the joint family debts were shown as H schedule therein, that instead of dividing the debts among all the brothers, Kandasamy Pillai took the responsibility of discharging the same and as consideration, the properties comprised in H schedule were sold to Kandasamy Pillai by his brothers, that Kandasamy Pillai discharged all the joint family debts and thus all the properties detailed in H schedule of the partition list became the self-acquisitions of Kandasamy Pillai, which are detailed as items No. 4 to 9 in B-schedule of the suit properties, that excepting these properties, there were no other ancestral joint family properties belonging to Kandasamy Pillai and the income was also meager which was hardly sufficient to pay the kist etc.