GOVINDAN Vs. BOMMAKKAL

JUDGEMENT

(1.) This application has been filed to review the judgment of this Court in the Second Appeal

(2.) The grounds, on which the review application has been filed, are:-

(3.) The learned counsel appearing for the review petitioner mainly contended that though the suit was filed for partition, 'A' schedule property is a separate property of one Sangiah. He has settled the same under Ex.A4 to one Sundararajan, father of the plaintiff herein. The said Sundaraj had four wives, namely, Valliammal, Bommakkal/first defendant, Ayyammal and Packiammal/ fourth defendant. Valliammal is the mother of the plaintiff. The first defendant had two sons, who are arrayed as third and fourth defendants. The grandfather of the plaintiff died on 09.10.1978. Thereafter, Valliammla executed a Will in favour of the plaintiff. The said Vallimmal also died in the year 1981. Hence, it is the contention that the plaintiff born through the first wife is certainly entitled to a share from his father's property. The other legal heirs, who were added as parties, are also entitled to 1/7 share jointly, remaining 6/7 share goes to three sons and three daughters. Hence, it is the contention that the plaintiff is entitled to 5/28 share in the 'A' schedule property and the alleged release deed in Ex.B4 executed by the plaintiff in favour of his father does not extinguish the right of the plaintiff, subsequent to the father's death. 'C' schedule property were settled to one Bommakkal and Ayyammal by sundarajan and his father Sangiah. The said Bommakkal and Ayyammal along with Rajeswari and Muthulakshmi executed a release deed in favour of the defendants 2 to 4. 'D' schedule property is concerned, it is purchased by Sundararajan under Ex.A7 dated 10.07.1968. Therefore, the plaintiff is entitled to a share in the property.