N GANESAN Vs. NAGARATHNAM DIED

JUDGEMENT

(1.) The first defendant is the appellant. The suit was for partition and declaration of their 4/5th share in the suit properties. The suit was decreed and the appeal is against the said judgment and decree.

(2.) The plaintiffs are the mother, sons and daughters of one Nithyanandham. The first defendant is the eldest son of Nithyanandham. The father Nithyanandham died on 22.9.1956. The suit properties comprise of three items consisting of a vacant site of about 10,000 sq.ft. covered under Item No.1, a house site situated at Thanjavur covered under Item No.2 and a house at Uraiyur, Tiruchirappalli District covered under Item No.3. All these suit properties stand in the name of the first defendant. The case of the plaintiffs is that Nithyanandham was in service as Joint Registrar of Co-operative Societies and with the funds provided by Nithyanandham, the first item of the suit property was purchased in the name of the first defendant on 22.3.1955 under Exhibit A.1. The second item of the suit property was acquired under Exhibit B.8 dated 21.10.1964 by utilizing the family funds. The third item of the suit property, a house at Tiruchy was purchased again in the name of the first defendant under Exhibit A.4 dated 3.10.1957 by utilizing the retirement benefits of late Nithyanandham.

(3.) The further case of the plaintiffs is that the suit properties are family properties intended for the benefit of the family. According to them, the vacant plot at Thanjavur was purchased by Nithyanandham when the first defendant was a student and while Nithyanandham was working as the Joint Registrar of Co-operative Societies and therefore, he could not buy the same in his name. It is pleaded that the first defendant could not have paid any money towards the said purchased as he was living as a dependent of the family and therefore, the plot was treated as the family property of the plaintiffs and the first defendant after the death of Nithyanandham. Similarly, item no.3 is a house property at Tiruchy Town which was purchased after the death of Nithyanandham on 3.9.1957 from out of the funds due to Nithyanandham towards Insurance, Provident Fund, Gratuity, etc. The recitals of the purchase deeds show that the property was purchased by the first defendant as 'bghJ FLk;;gj; jiyth;' (Joint Family Head). The second item of the suit property was purchased by the first defendant from the retirement benefits of late Nithyanandham.