KALIAMMAL Vs. K MAYILSAMY

JUDGEMENT

(1.) Defendants 3, 6 and 7 in O.S.No.53 of 2001 on the file of the III Additional Sub Judge, Coimbatore are the appellants.

(2.) The first respondent herein filed the suit for partition of his 4/6 share in the suit properties. The suit was decreed and the appeal filed in A.S.No.55 of 2006 filed by the defendants and the cross objection filed by the first respondent were dismissed. Aggrieved by the same, this second appeal is filed by defendants 3, 6 and 7. The first respondent also filed cross objection No.143 of 2011 against the dismissal of the cross objection filed by him in A.S.No.55 of 2011.

(3.) The case of the first respondent was that the suit properties were the ancestral properties of one Krishnan Chettiar and Pappammal was his wife who was the first defendant in the suit and they had a daughter by name Saraswathi and defendants 2 to 7 are the legal heirs of Saraswathi. The first defendant and the plaintiff/first respondent's mother Muthammal were sisters and the first respondent herein was taken in adoption by Krishnan Chettiar and Pappammal when the first respondent/plaintiff was three months old and he was treated as adopted son of Krishnan Chettiar and Pappammal and therefore, he is entitled to half share in the suit properties and after the death of Krishnan Chettiar, he is entitled to 1/6 share alongwith the defendants and the first defendant was entitled to 1/6 share and defendants 2 to 7 together are entitled to 1/6 share and after the death of the first defendant, he became entitled to 1/12 share and therefore, the first respondent/plaintiff is entitled to 1/2 + 1/6 + 1/12 = 9/12 share and the suit was filed for that.