PERIANAYAGASAMY MADRID DIED Vs. MARIE YVETTE GISELE MADRID

JUDGEMENT

(1.) The plaintiffs are the appellants herein.

(2.) This appeal is directed against the judgment and decree of the learned I Additional Subordinate Judge, Pondicherry whereby the claim for partition made by the plaintiffs was rejected.

(3.) The plaintiff Periyanayagasamy Madrid filed the suit with the following averments: The plaintiff who was working in the Military at France, after retirement, came to Pondicherry and purchased the suit property in the name of his wife Amalorpava Madrid on 21.9.1939. He paid the sale consideration. He is having three daughters and two sons, the defendants herein. His wife died on 28.4.1961. He had been in peaceful possession and enjoyment of the suit property. He leased out the first floor of the suit property to one Benugoal Ghosai. After the death of his wife, he married Regina Marie. The first defendant forced him to convey his entire share in her favour, which was refused by him. The first defendant beat him. A complaint was lodged to S.H.O., Grand Bazaar, Pondicherry on 6.2.1982. The first defendant admitted her illegal acts. The husband of the first defendant Arpudasamy Thalli at her instigation was threatening to kill him. Because of the misunderstanding between him and his daughter, the first defendant, it became necessary for him to get his share divided absolutely, and hence, he is constrained to file the suit. Under French Law, he is entitled to an absolute and exact one half share. In the remaining half share, he being the husband of Amalorpava Madrid is entitled to 1/4th share. The defendants are entitled to 1/5th share each only from 3/4th in the half share of the suit property. He sold his undivided share in the suit property to Swapna Ghosai by a sale deed dated 22.12.82. He died on 28.2.83. She filed I.A.No.1056/83 to implead herself as legal representative of the plaintiff. The application was allowed, and as such, she is the plaintiff in the suit. She is entitled for the share as asked for. Hence, the suit may be decreed in her favour.