R. SUBRAMANI Vs. NARAYANI AMMAL

JUDGEMENT

(1.) The Hon'ble Supreme Court by its order dated 12.04.2019 passed in I.A.No.43975 of 2017 in C.A.No.111 of 2013 remitted the matter back to this Court only for the purpose of determining as to who is the legal representative of the deceased Appellant Narayani ammal.

(2.) Admittedly, R.Subramani, the Appellant in S.A.Nos.50 and 98 of 2006 and R.Mangayarkarasi, the second respondent in S.A.No.98 of 2006 are brother and sister respectively. O.S.No.2326 of 1996 was filed by Narayani Ammal (deceased) against her son R.Subramani who is the Appellant in S.A.Nos.50 and 98 of 2006 seeking for injunction restraining him from interfering with her peaceful possession and enjoyment of the suit schedule property. O.S.No.4127 of 1997 was filed by R.Subramani, the Appellant in S.A.No.50 & 98 of 2006 against his mother Narayani Ammal (deceased) as well as his sister R.Mangayarkarasi, seeking for partition of the very same property on the ground that the property is not a self-acquired property of his mother Narayani Ammal (deceased), but the said property was purchased by his father Ramalingam, in whose name, allotment was made and funds were also given by him for the said purchase and not by Narayani Ammal (deceased).

(3.) Both the suits were tried together by the trial court and the trial court by its judgment and decree dated 18.07.2002, dismissed the suit O.S.No.2326 of 1996 filed by Narayani Ammal (deceased) and decreed the suit O.S.No.4127 of 1997 in favour of R.Subramani by granting preliminary decree for partition by which 1/3 rd share in the property was allotted to R.Subramani and the remaining two shares were allotted to Narayani Ammal and R.Mangayarkarasi who are the defendants in the said suit.