SHANMUGHAM Vs. SASHIKALA

JUDGEMENT

(1.) The above Second Appeal is directed against the judgment and decree dated 25.3.1998 rendered in A.S.No.28 of 1997 by the Court of III Additional District Judge, Dharmapuri at Krishnagiri as against the judgment and decree dated 12.3.1997 rendered in O.S.No.214 of 1993 by the Court of Subordinate Judge, Dharmapuri.

(2.) Tracing the history of the above second appeal coming to be preferred by the appellants what comes to be known it is the respondent herein who has filed the suit in O.S.Nos.214 of 1993 praying for a partition of the suit properties into six equal shares by metes and bounds and to allot one such equally divided share in his favour in all the suit properties and to put her in separate possession of the same wherein the suit properties are in three schedules viz. A,B and C. Schedule A is a tiled house measuring East West 22 feet and North South 22 feet valued at Rs.60,000/=, `B' schedule is a dry land measuring 3.38 acres with the standing tamarind tree thereon valued at Rs.3 lakhs and `C' schedule is cash of Rs.5,000/= in Lakshmi Finance, Marandahalli, with interest a total amount of Rs.6,000/=.

(3.) The case of the plaintiff, as narrated in the plaint, is that the suit`A' schedule property was originally belonging to the parents of the second defendant viz. Thambusamy Udayar and Meenakshi Ammal, which was allotted to the plaintiff's father Chinnappa Udayar and the second defendant by a gift settlement deed dated 15.6.1961 and handed over possession of the same in their favour; that Chinnappa Udayar was living in the house of `A' schedule; that Meenakshi Ammal and Thambusamy respectively died in the years 1970 and 1971 and thereafter Chinnappa Udayar, plaintiff's father and the second defendant became entitled to the `A' schedule property thus Chinnappa Udayar becoming entitled to half share in the `A' schedule property; that both the Chinnappa Udayar and the first defendant were living as an undivided joint family and purchased `B' schedule suit property in the name of the first defendant by means of a sale deed dated 3.2.1983 for the benefit of the joint family for the reason that the first defendant was also a member of the joint family and therefore the plaintiff's father Chinnappa Udayar also became entitled to half share in `B' schedule; that the first defendant did not have any means to purchase the `B' schedule suit properties in her name.