AYYAVOO Vs. KESAVAN

JUDGEMENT

(1.) The first defendant in O.S.No.331 of 2007, having suffered a decree for partition and separate possession of 1/3 share of the plaintiffs, who happen to be his sister's children, has come up with this second appeal.

(2.) The suit was laid by the plaintiffs/respondents 1 to 4 herein seeking partition and separate possession of their 1/3 share in the suit property, claiming that the suit property belonged to the parents-in-law of the first plaintiff and maternal grandparents of the plaintiffs 2 to 4. According to the plaintiffs, the suit properties consisting of 6 items belonged to Malaikonar and Karuppayee Ammal. Malaikonar died on 03.02.2007 and Karupayee Ammal died during the month of Avani "Viya" Tamil year, ie., sometime in 2006-2007. The plaintiffs would further plead that the said Malaikonar and Karupayee Ammal had three children, namely, Pandiammal and the defendants in the suit. It is also stated that Pandiammal died on 18.08.1994 leaving the plaintiffs as her heirs. The plaintiffs would claim that as heirs of Pandiammal, they are entitled to 1/3 share in the suit property.

(3.) The suit was resisted by the first defendant contending that the suit items 1 to 3 belonged to him exclusively and items 4 to 6 were bequeathed to him under a settlement deed, dated 21.09.2005 and a Will dated 31.10.2005. Therefore, according to the first defendant, the plaintiffs do not have any share in the suit properties.