S.JAYANTHI Vs. R.S.NATESAN

JUDGEMENT

(1.) The appellants herein are the plaintiffs in the suit in O.S.No.5 of 2005 on the file of the Additional District and Sessions Court / Fast Track Court No.3, Dharapuram. The appellants filed the suit for the partition of their 35/432nd shares in all the suit properties and for separate possession. The suit is also for other consequential reliefs in respect of item nos.1 to 7 and 2/3rd shares in item no.9.

(2.) Though, the plaintiffs claimed 35/432nd shares in items no.1 to 7 of the suit properties and 2/3rd shares in item no.9 of the suit properties, as regards item no.8 they claimed 10/18th shares. In the plaint, the plaintiffs stated that all the suit properties belonged to the family of one Ramasamy Mudaliar, who died on 7/1/1964. It is admitted that the said Ramasamy Mudaliar died leaving behind his only son by name Chenniappa Mudaliar, who had 5 sons and one daughter, namely R.S.Periyasamy, Thangavel, Venkidusamy, Shanmugasundaram, Natesan and Leelavathi. Natesan who is the 1st defendant in the suit is one of the sons of ChenniappaMudaliar and the grandson of Ramasamy Mudaliar. The 2nd defendant is the wife of 1st defendant. The 1st appellant / plaintiff is the wife of late Thiru.Saravanan who is the only son of the 1st defendant Nateson. The 2nd plaintiff is the son of Saravanan. The 3rd defendant in the suit is one Umadevi who is the sister of Saravanan and the daughter of defendants 1 and 2. Defendants 4 and 5 are the sons of one R.S.Periyasamy. Defendants 6 to 8 are the brothers of the 1st defendant. The 9th defendant is the sister of the 1st defendant.

(3.) It is the specific case of the appellants that the suit properties are the ancestral properties. It is contended that Chenniappa Mudaliar and his sons entered into a partition in respect of their agricultural lands on 23/2/1949 under a registered Partition Deed in which the properties described as 'A' schedule in the said documents were allotted to Chenniappa Mudaliar and his 5 sons including the 1st defendant. It is the further case of the plaintiffs that Ramasamy Mudaliar and Chenniappa Mudaliar partitioned their house properties under a registered Partition Deed dtd. 14/12/1949 in which the properties described as 'B' schedule properties therein were allotted to Chenniappa Mudaliar and his sons.