DEVATHAL Vs. PERIASAMY

JUDGEMENT

(1.) The plaintiff, in O.S.No.17 of 2016, which was pending on the file of the III Additional District Court, Dharapuram, is the appellant herein.

(2.) The plaintiff, had filed the suit in O.S.No.17 of 2016, which was subsequently taken up for trial, by the learned III Additional District Judge, Dharapuram, for partition and separate possession of 1/2 share with respect to the suit properties. In the plaint, it had been stated that the father of the plaintiff and the defendant viz., Kandhasamy Gounder had died in the year 2001. The mother of the plaintiff and the defendant had pre-deceased the father. The properties mentioned in the schedule to the plaint, to which the partition is now sought for, are ancestral properties. Claiming 1/2 share in the suit properties, the suit has been filed.

(3.) In the written statement, the defendant also put up the very same stand that the properties are ancestral in nature and that the mother had pre-deceased the father. It was claimed that therefore, when the father and the defendant were alive, they were both equally entitled to 1/2 share and on the death of the father, the 1/2 share of the father has to be divided into two shares, leaving the plaintiff entitled to 1/4th un-divided share and the defendant who already had 1/2 share entitled to another 1/4th undivided share, leaving the defendant with 3/4th share.