V D RANGACHARI Vs. MYTHILI

JUDGEMENT

(1.) Appeal Suit Nos.810 of 1991 and 517 of 1992 have been preferred against the judgment and decree dated 13.8.1991 made in O.S.No.82 of 1982 by the Court of Subordinate Judge, Kancheepuram. Transfer Appeal Suit No.153 of 2000 and Cross-Objection have been filed against the fair and decretal order dated 20.1.1997 made in I.A.No.390 of 1992 in O.S.No.82 of 1982 by the Court of Subordinate Judge, Kancheepuram.

(2.) Defendants 7 to 12 in O.S.No.82 of 1982 are the appellants, the plaintiff and defendants 2 to 6 in the above suit are the respondents in A.S.No.810 of 1991. Defendants 2 and 6 in O.S.No.82 of 1982, the plaintiff and defendants 3,4,5,7 to 12 in the above suit are the respondents in A.S.No.517 of 1992. Likewise, defendants 8 to 12 in O.S.No.82 of 1982 are the appellants in Tr.A.S.No.153 of 2000, the plaintiff and defendants 2 to 6 in the above suit are the respondents. The fourth defendant in the above suit is the cross-objector, the plaintiff, defendants 2,3,and 5 to 12, in the above suit, are the respondents.

(3.) The plaintiff has filed the above suit for partition and to allot 7/8 shares to the plaintiff and for Rs.3000/- towards mesne profits and for the future profits. The case of the plaintiff, in brief, is that the suit properties are the ancestral joint family properties of one C.P.Rajagopalachari; that he died on 3.2.1962, leaving behind him his second wife by name Chinnammal, who died in the year 1974, his only daughter Rukmani Amal, the 1st defendant herein through his first wife Maragadham, who predeceased her husband and the plaintiff herein, the daughter and one Narasimhan the son, both through his second wife Chinnammal, out of whom, Narasimhan died in the year 1981; that the properties being ancestral joint family properties and Narisimhan being the son of C.P.Rajagopalachari became entitled to share by birth; that the share of C.P.Rajagopalachari was inherited by his surviving heirs viz., his second wife Chinnammal and his children Rukmani ammal, Narasimhan and the plaintiff herein, each becoming entitled to 1/8th share; that Rukmani Ammal, the first defendant herein, sold her undivided 1/8th share in all the suit properties, in favour of the 2nd defendant herein, under a sale deed dated 6.12.1962; that the second wife of C.P.Rajagopalachari, Chinnammal, who inherited 1/8th share died in the year 1974 and on her demise, her right devolved on her children Narasimhan and the plaintiff herein viz. 1/16th each; thus Narasimhan became entitled to 11/16th share and the plaintiff herein became entitled to 3/16th share; that on the demise of Narasimhan in the year 1981, his rights devolved on the plaintiff as his sole surviving heir; thus the plaintiff became entitled to 14/16 i.e. 7/8 share in all the suit properties.