SUBADHRA PALAYAM Vs. AMIRTHAMMAL

JUDGEMENT

(1.) Defendants 3, 5 and 6 in O.S. No.9428/81 on the file of the XIV Assistant City Civil Judge, Madras, are the appellants in the second appeal. They are respectively the widow and children of one Palayam. Palayam's mother was one Amirthammal, the first respondent herein, and his brothers and sister are respondents 2 to 4. The first respondent died pending the second appeal and respondents 2 to 4 have been recorded as legal representatives of the deceased first respondent on the basis of the memo filed by respondents 2 to 4.

(2.) The suit was filed by the deceased first respondent for partition and separate possession of her 1/12th share in the plaint A and B Schedule properties and 1/4th share in plaint C Schedule and also for marriage provision for the 4th respondent. The first appellant was the third defendant, respondents 2 and 3 were defendants 1 and 2, the 4th respondent was defendant No.4 and appellants 2 and 3 were defendants 5 and 6.

(3.) Her case was as follows: She was the mother of respondents 2 to 4 and one Palayam. Palayam was the head and manager of the Hindu Joint Family consisting of himself and respondents 2 and 3. Plot No.4594 in Anna Nagar was purchased in his name for the benefit of the joint family with the help of joint earnings and contributions of Palayam and his two brothers, respondents 2 and 3 herein and a two storeyed house was also constructed out of the joint earnings and contributions. The joint family assets were also deposited as jewels and cash in banks as set out in Schedule B. The properties were always considered and treated as joint family properties. Palayam died on 30-3-1981. The first respondent and the appellants were his heirs. As per Hindu Succession Act and the principles of Hindu Law, Palayam was entitled to 1/3rd share in the properties mentioned in plaint Schedules A and B and the said 1/3rd share devolved on his death on the first respondent and the appellants in equal shares. The first respondent became entitled to 1/12th share in plaint Schedules A and B. Schedule C items were the personal funds of Palayam and on his death the first respondent became entitled to 1/4th share in those items. The properties not having been divided by metes and bounds, the suit came to be filed for partition and separate possession of first respondent's 1/12th share in plaint A and B Schedule properties and 1/4th share in plaint C Schedule. The sons and daughter, respondents 2 to 4 (defendants 1, 2 and 4) supported the plaint averments.