V S MANI Vs. K RAJENDRAN

JUDGEMENT

(1.) This Second Appeal is preferred against the judgment and decree dated 18.9.1991 made in A.S.No.37 of 1991 by the Court of District Judge, Cuddalore, thereby confirming the judgment and decree dated 31.10.1990 made in the final decree petition in I.A.No.88 of 1983 in O.S.No.783 of 1980 by the Court of Subordiante Judge, Cuddalore.

(2.) Tracing the history of the above second appeal coming to be preferred by the respondent/defendant in I.A.No.88 of 1983 in O.S.No.783 of 1980, it comes to be known that the respondent herein has filed the suit for partition and separate possession of his 13/20 shares in the suit property, for a direction to render accounts for the income in the suit property from the date of plaint, for the appointment of a commission for division of the properties and determination of the income and for costs wherein the suit property is a house and site falling under Door No.208, situate at Manjakuppam Napier Road, Cuddalore Taluk measuring 3845 sq.ft., on averments such as that the property originally belonged to one Rama Iyengar; that on his death it devolved on his sons Raghunathan, Rajagopalan, Krishnasami, Soundararajan and Narayanan, each having 1/5 share; that the said Rajagopalan and Narayanan had executed a registered release deed in favour of their brother Raghunathan on 06.09.1948; that the said soundarajan died leaving his widow Alamelu and only son C.R. Rangan; that the said C.R.Rangan also died in 1960, leaving his mother Alamelu widow Sunidhi and two minor daughters Savithiri and Usha; that the said Alamelu, Sunidhi, Savithiri and Usha were each entitled to 1/4 share of 1/5 share of Soundararajan; that even during the life time of Raghunathan, he obtained release deed from his son C.R.Kannan in respect of his rights on 06.06.1953; that after the death of Raghunathan his share viz., 8/15 (2/5 share obtained by way of release, his own 1/5 share and 1/15th share obtained by way of release from C.R.Kannan) devolved on his sons Ranganathan and C.R. Kannan; that while so, Ranganathan obtained a registered release deed from Alamelu, mother of C.R. Rangan in respect of her 1/20 share; and became entitled to 23/60 shares; and that Kannan was entitled to 4/15 shares inherited from his father; that the said Ranganathan and Kannan sold their entire shares to the plaintiff under two registered sale deeds dated 20.06.1980 and 20.05.1980 respectively.

(3.) . The petitioner/plaintiff has filed an application in O.S.No.783 of 1980 on the file of Principal Subordinate Judge, Cuddalore to appoint a Commission for division of the properties and allotting 13/20 shares to the petitioner and to deliver mesne profits from the suit property from the date of plaint, viz., from 26.11.1980 till the date of delivery.