LAWS(MAD)-1961-12-29

VEERAMALAI CHETTIAR Vs. RAMAYEE AMMAL

Decided On December 11, 1961
VEERAMALAI CHETTIAR Appellant
V/S
RAMAYEE AMMAL Respondents

JUDGEMENT

(1.) THE plaintiffs are the appellants. They filed a suit for partition by metes and bounds and separate possession of the plaintiffs' two-third share in one half of the suit property and for recovery of past and future profits from the defendants.

(2.) ONE Veerappa Chettiar died leaving a son Ponnuswami and three daughters ramayi (first defendant), Thangayi (second defendant) and Marayi. Marayi's husband is Veeramalai Chettiar, first plaintiff, and Muthuveera Chettiar and kamakshi are her minor children. After Veerappa's death, Ponnuswami inherited the properties. Ponnuswami died in 1949 and his sisters Ramayi (first defendant), thangayee (second defendant) and Marayi became entitled to the properties. Marayi died in the year 1953 First plaintiff Veeramalai Chettiar, purchased the one third share of Thangayee by a sale deed Ex. A-1 dated 16-10-1950. Thangayee is alive and so. far as this one-third share is concerned, it is admitted that the first plaintiff is entitled to it for the life time of Thangayee.

(3.) THE question for consideration in this appeal is as to who is entitled to the share of Marayi. The plaintiffs contend that the husband and children of Marayi are entitled to her property, whereas the defendants contend that they are entitled to the property.