PUNIYAVATHI Vs. PACHAIAMMAL

JUDGEMENT

(1.) The unsuccessful plaintiffs in their suit for partition are the appellants herein. For the sake of convenience, the parties are described as per their status and ranking before the Trial Court.

(2.) The plaintiffs are daughters of one Mr.Balakrishnan Padayachi, who died interstate in the year 1978. Their mother Valliammai died in the year 2004. Mr.Balakrishnan Padayachi and Valliammai had four sons and three daughters. While two daughters had joined together and filed suit for partition, alleging that they were in joint possession and enjoyment of the suit property after the demise of Balakrishnan Padayachi, the other daughters and sons have contested the suit for partition alleging that, the plaintiffs have no interest in the estate of their father's property. According to the defendants the properties which are left by Mr.Balakrishnan Padayachi was divided among the male members as per the partition deed dtd. 25/7/1991 and same has been acted upon. Further alienation of the suit properties has been effected 18 years prior to the suit and the plaintiffs were aware of all those facts, had filed the suit for partition with ulterior motive though they have no rights in the properties.

(3.) The Trial Court, after considering the pleadings held that the plaintiffs are not entitled for any share in the properties left by Mr.Balakrishnan Padayachi, who died in the year 1978 as interstate. Even if the plaintiffs have any right, same has been extinguished.