Y RAJESWARI Vs. V R KARTHIKEYAN

JUDGEMENT

(1.) THE plaintiffs in O.S.No.217 of 2004 on the file of the District Munsif Court, Gudiyattam are the appellants.

(2.) THE plaintiffs filed the suit for partition of their 3/8 share in the suit properties claiming that the suit properties belonged to their mother and the mother died intestate leaving behind the plaintiffs, defendants 1 and 2 and four other sons namely Dayalan, Lingesan, Ekanandan and Jagadasethalu Karunyamoorthy. According to the plaintiffs, after the release deeds executed by her brothers relinquishing their shares in the joint property, the mother Govindammal got 1/25 share and she died on 10.3.1985 intestate and therefore they are entitled to 3/8 share in the properties left by the mother. It is further stated that after the death of the mother, on 29.12.1986 Dayalan executed a registered release deed relinquishing his share in favour of his brother Karthikeyan the 2nd defendant and Karunyamoorthy. Another brother Lingesan executed a release deed in favour of the 2nd defendant and Karunyamoorthy and on 13.6.1994 Karunyamoorthy executed a release deed in favour of the 1st defendant Mayakesavan in respect of his property. Ekanandan died in the year 1979 and Karunyamoorthy also died as a Bachelor. THE 1st defendant Mayakesavan died on 11.1.2008 leaving behind the defendants 5 to 9 as his legal heirs and the 3rd defendant claims to have purchased the property and other defendants are daughters and they are entitled to 9/40 shares in the properties left by their mother.

(3.) THE following substantial question of law arises for consideration in this Second Appeal: