N RATHINA REDDY Vs. N RANI AMMAL

JUDGEMENT

(1.) The second appeal arises out of the judgment and decree dated 29.11.2000 rendered in A.S.No.61 of 1993 on the file of the Subordinate Judge, Kanchipuram confirming the judgment and decree 11.12.1992 in O.S.No.249 of 1983 on the file of the District Munsif, Tiruttani.

(2.) The plaintiffs filed the suit for partition. The first plaintiff is the widow of one Thangavel Reddy and the second plaintiff is her minor daughter and third plaintiff is her minor son. The case of the plaintiffs is that there was a joint family consisting of one Somu Reddy and his three sons, viz., Manicka Reddy (second defendant's husband), Rathna Reddy (the first defendant) and Thangavel Reddy (the first plaintiff's husband). It is the case of the plaintiffs that the suit properties are joint family properties belonging to the joint family of Somu Reddy. The case of the plaintiffs is that the first plaintiff's husband Thangavel Reddy died two years prior to the institution of the suit and after his death, other members of the family refused to give the share due to the plaintiffs and hence, they filed the suit for partition on the ground that the first plaintiff's husband, Thangavel Reddy was one of the male members of the joint family and he would be entitled to a share in the joint family properties and on his death, his properties devolved on the plaintiffs and they should be allotted the properties due to Thangavel Reddy by way of partition.

(3.) As already observed, the first defendant is one of the sons of Somu Reddy and the second defendant is the widow of deceased Manicka Reddy the eldest son of Somu Reddy, and the defendants 3 and 4 are his children. The fifth defendant is the widow of the deceased Kartha, Somu Reddy and other defendants are alienees of some of the joint family properties. The case of the defendants as pleaded in the written statement filed initially on 19.7.1984 was that there was a family arrangement followed by a deed which was marked as Ex.B-2 and in the family arrangement, the properties were allotted and therefore the suit for partition is not maintainable. The defendants, in the written statement filed on 6.4.1992, took another plea that Somu Reddy had four sons and apart from Manicka Reddy, Thangavel Reddy and Rathna Reddy, he had one another son, by name, Ekambara Reddy who died in the year 1962 when he was 17 years old and therefore, in any event, the plaintiffs would be entitled to a lesser share than that claimed in the plaint.