VANGILI GOUNDER Vs. KUPPAYEE

JUDGEMENT

(1.) The defendants 1 & 2 in O.S.No.477 of 2010 are the appellants. The Suit was laid by the first respondent herein, seeking partition and separate possession of her 1/4th share, contending that the property is the ancestral property of one Subbaraya Gounder @ Subba Gounder, who died on 27.02.1989, leaving behind the plaintiff and the first defendant who are the daughter and son respectively. The second defendant is the son of the first defendant, the respondents 3 & 4 are the purchasers of a portion of the property from the defendants 1 & 2.

(2.) While admitting the relationship, the defendants would resist the suit contending that there was a oral partition between Subbaraya Gounder @ Subba Gounder and the first defendant in the year 1985, wherein, the first defendant has paid a sum of Rs.10,000/- to Subbaraya Gounder @ Subba Gounder and the entire property was allotted to him. Subsequent partition between the first defendant and the second defendant in the year 1991 was also sought to be projected as evidence of the oral partition said to have been taken place in the year 1985.

(3.) At trial, the plaintiff was examined as PW1 and Exs.A1 to A9 were marked. On the side of the defendants, first defendant was examined as DW 1 and Marappan, Saritha and Rajalingam were examined as DWs 2,3 and 4 respectively. Exs.B.1 to 6 were marked. Ex.X1 was marked as Court document.