G.KARUNANITHI Vs. G.VENMADEVI

JUDGEMENT

(1.) The first appeal is filed against the judgment and decree of the learned I Additional District Judge of Salem dtd. 18/3/2015 in OS.No.76 of 2012.

(2.) For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The suit is filed for partition. The case of the plaintiff is that the plaintiff and the defendants are brother and sisters born to P.A.Govindan and Samundeeswari. The first item of the suit properties are the ancestral joint family properties. As per the koor chit dtd. 2/7/1989 executed between her father and his family members, in which 'C' schedule property was allotted to her father and he was put up in possession and enjoyment of the same. 'C' schedule property which was mentioned in the coor chit are the first item of the suit properties. Her father died intestate on 7/3/2007 and his wife predeceased on 2/1/2006 leaving behind the plaintiff and the defendants as their legal heirs. They are in joint possession and enjoyment of the first item of the suit property. The suit second item of the properties was purchased in the name of the first defendant by virtue of sale deed dtd. 6/6/1985 out of the income derived from the ancestral property, i.e. the first item of the suit properties. Though the property was purchased in the name of the first defendant, he has no independent income and means to purchase the same. Therefore, the plaintiff is entitled to have 1/3 share in the suit properties. Hence, the suit.