VELAPPAN S/O. SUBBU GOUNDER Vs. S.DURAISAMY

JUDGEMENT

(1.) WHAT is the the scope of the presumption in the case of acquisitions in the names of male members of a joint family and the female members of a joint family?

(2.) S .A.No.738 of 2002 has been filed by the plaintiff, as against the non-granting of partition in respect of 'A' schedule property, by the first appellate court.

(3.) THE case of the plaintiff: The plaintiff and the first defendant are the brothers. The suit properties described as 'A' and 'B' schedule belong to the joint family. The sale deed to the suit properties were taken in the name of the members of the joint family. The plaintiff and the first defendant are equally entitled to the suit properties. The suit properties were looked after by the first defendant as the plaintiff was away from the village for his job requirement. However, he was a frequent visitor to the suit property. The plaintiff's request for the partition of 'A' and 'B' schedule property was not responded to by the first defendant. Instead of granting the partition of properties, the first defendant sold the property in favour of defendants 2 to 4 who have been impleaded as parties in I.A.No.150 of 1994.