R.S.GOPALAKRISHAN Vs. SHARMILA

JUDGEMENT

(1.) The Appeal suit in AS.No.90 of 2010 is filed against the judgment and decree passed in OS.No.71 of 2004 on the file of Principal District Judge, Krishnagiri dated 29.11.2008 and Cross Objection in Cros.Obj.No.144 of 2011 is filed praying to grant a preliminary decree for partition of the schedule mentioned properties and allot 1/8 share to the cross objector.

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

(3.) The case of the plaintiff is that the suit properties originally belonged to one TV.Govindaraj Mudaliar. He died intestate leaving behind his wife and three sons. Family partition was effected under the registered partition deed dated 20.05.1968. 'B' schedule of the said partition deed allotted to one of the son Mr.T.G.Selvaraj. He also acquired some properties on his own out of income derived from ancestral properties. He had four sons and two daughters. After demise of the said T.G.Selvaraj, his sons lived together and enjoyed the suit properties jointly. The plaintiff is the only daughter of the last son of the deceased T.G.Selvaraj. There was no division of properties by metes and bounds among the family members and the properties were enjoyed jointly and commonly. The plaintiff's father died in the year 1999 intestate leaving behind the plaintiff as his legal heir to succeed to the estate. The entire properties are managed by the first defendant and he derived sufficient income from the suit properties. Though other family members are appropriating the income from the joint family property, the plaintiff was denied to share the income after her father's death. Therefore, the plaintiff's mother requested for partition. Thereafter the plaintiff caused notice to call upon the defendants for division of property and allot 7/30 share to the plaintiff. Hence, the suit.