CHANDRAKUMAR Vs. SETHURAMAN CHETTIAR

JUDGEMENT

(1.) First defendant is the appellant.

(2.) The appeal is against the decree in the suit for partition passed by the Subordinate Court,Ramnad. The parties are referred to as plaintiff and defendants for the sake of convenience.

(3.) The case of the plaintiff is as follows: The plaintiff and defendants 1 and 2 are the sons and defendants 3 to 6 are the daughters; 7th and 8th defendants are the wives of late Chandrakumar Chettiar. The suit properties are joint family properties of late Chandrakumar Chettiar; he died in the year 1962. The first defendant is the eldest son and therefore, he was acting as the Manager of the Joint family. The family was running their traditional business in oil. The business of the plaintiff's father was continued by his sons. The income from the joint family properties as well as from the ancestral trade and business yielded surplus and from and out of the surplus funds, items 2 and 3 of 'A' Schedule properties were purchased. Item No.3 was already in possession of the family under othi dated 11.9.1956taken by the plaintiff's father. Item No.2 of 'A' schedule was purchased in the year 1964 and item No. 3 of 'A' schedule property was purchased in the year 1965. Items 7 to 21 of 'A' schedule were landed properties managed by the first defendant. All these properties are joint family properties. For the purpose of convenience, the plaintiff and the second defendant are cultivating some lands and living separately from 1971-72. 'B' schedule properties are movable properties of the joint family. The plaintiff demanded partition of the properties. But the first defendant was not agreeing. Hence, the suit for partition.