PALNISAMY GOUNDER Vs. PERIAMMAL

JUDGEMENT

(1.) The appellants are the defendants. The respondent filed a suit for division of all the four items of the suit properties into two equal half shares and put the plaintiff in separate possession of one such share.

(2.) Though the suit was dismissed by the Trial Court, the lower Appellate Court allowed the appeal and decreed the suit. Hence, this second appeal by the defendants.

(3.) The case of the plaintiff is this: "Periammal, the plaintiff is the elder sister of Palanichamy, the first defendant. Her parents - Appachi Gounder and Chinnammal have got four children - Periammal, the plaintiff, Muthayee Ammal, Ammani Ammal are the daughters and the first defendant Palanisamy Gounder is the only son. While her father was alive, he executed two settlement deeds in respect of suit items dated 29.6.1978 and 5.7.1978 in favour of the plaintiff. Prior to this, her father sent two notices Exs.A1 and A3 dated 22.6.1978 and 24.6.1978 to the first defendant and got himself severed from the family. Item No.1 of the suit properties was purchased by Appachi Gounder, the father on 15.5.1944 and a house which is item No.2 was constructed by him in the year 1959. Item Nos.3 and 4 are the joint family properties. After the severance in status, Appachi Gounder executed the above mentioned settlement deeds in favour of the plaintiff under Exs.A5 and A6 and delivered possession of the suit properties to the plaintiff. Since the plaintiff would be entitled to half share in the properties, she filed the suit for partition."