LEELAVATHI Vs. S. GOVINDAN

JUDGEMENT

(1.) THE Second Appeal Nos.1586 and 1615 of 1998 arise out of original suit in O.S.No.67 of 1989. The plaintiff in O.S.No.67 of 1989 is the appellant in S.A.No.1615 of 1998. The defendants 8 and 9 in O.S.No.67 of 1989 are the appellants in S.A.No.1586 of 1998. S.A.No.1616 of 1998 is filed as against the judgment passed in O.S.No.246 of 1989. The plaintiffs are the appellants. The appellants in S.A.No.1586 of 1998 and the appellant in S.A.No.1615 of 1998 are also the appellants in S.A.No.1616 of 1998. O.S.No.67 of 1989 which is challenged in the second appeal in S.A.No.1586 and 1615 of 1998 was filed by the plaintiff Govindan for the relief of partition of 'A' and 'D' schedule property to allot 5/28th share and 'B' schedule property 1/72 share and in 'C' schedule property 3/20th share subject to the first defendants right to enjoy the income from the plaint schedule property till her life time, to render proper accounts and for profits. In that suit, the 8th and 9th defendants are also claiming partition along with the plaintiff. They have filed a written statement accepting the partition. Since the suit was dismissed, both of them filed separate appeals and the appeals were also dismissed. Aggrieved against the dismissal of the appeal, the present Second Appeals in S.A.Nos.1586 and 1615 of 1998 are filed.

(2.) S .A.Nos.1616 of 1998, arising out of the suit in O.S.No.246 of 1989, was filed by all the three plaintiffs for the relief of declaration that the plaintiffs have vested remainder rights jointly with the defendants 3 to 8, in the suit properties as per the registered settlement deed dated 15.03.1952 and consequent thereof restraining the others from alienating or encumbering the suit properties, in any way, against the interest of the plaintiff as per the settlement deed dated 15.03.1952 and for costs. The suit was jointly tried with other suits and the same were dismissed. Against which, they have preferred an appeal and the same was also dismissed. Aggrieved against the same, the Second Appeal in S.A.No.1616 of 1998 is also filed.

(3.) THE Learned Counsel for the appellants mainly would argue that the properties originally owned by one Sangaiah. Sangiah had to wifes viz., Neeli (first wife) and Neeliammal (second wife). Sangaiah died in 1962. Neeli, first wife pre -deceased her husband. Neeliammal, the second wife died on 21.04.1988. Neeliammal was the plaintiff in O.S.No.246 of 1989. Sangaiah through Neeli, the first wife, had two children viz., Subbammal and Sundararaj. Subbammal died issueless. Sundararaj died on 09.10.1978. He had married four wives and through them he had the legal heirs. Sangaiah through Neeliammal, second wife, had two daughters viz., Leelavathi and Parameswari. Leelavathi and Parameswari are also parties to the suit. Leelavathi is the second plaintiff in O.S.No.246 of 1989 and 8th defendant in O.S.No.67 of 1989. Parameswari is the 9th defendant in O.S.No.67 of 1989 and second plaintiff in O.S.No.246 of 1989. As stated supra, Sangaiah's only son Sundararaj had married four wives. Sundararaj's first wife is Vellaiammal who died on 18.03.1981. Vellaiammal's son is Govindan. Govindan is the plaintiff in O.S.No.67 of 1989 who is the third plaintiff in O.S.No.246 of 1989 after the demise of the first plaintiff Neeliammal his grand -mother. Sundararaj's second wife Bommakkal died without any issues on 13.11.2006. Bommakkal is the first defendant in O.S.No.67 of 1989 and also first defendant in O.S.No.246 of 1989. The third wife Ayyammal died on 10.11.1989. She was second defendant in O.S.No.246 of 1989. The fourth wife Packiam died on 03.01.1999. She is the second defendant in O.S.No.67 of 1989 and third defendant in O.S.No.246 of 1989. The third wife Ayyammal had two daughters viz., Rajeswari and Muthulakshmi. Rajeswari died on 05.06.2001 who is the sixth defendant in O.S.No.67 of 1989 and fourth defendant in O.S.No.246 of 1989. Her legal heirs are M.Jeyaraj, J.Jawaharsantharaj and J.Jegdheeswaran. Ayyammal's another daughter Muthulakshmi is the seventh defendant in O.S.No.67 of 1989 and fifth defendant in O.S.No.246 of 1989. The fourth wife Packiam died on 03.01.1999 who is the second defendant in O.S.No.67 of 1989 and third defendant in O.S.No.246 of 1989. Her legal heirs are Kesavan, Rajasekaran and Jothimani. Her sons Kesavan and Rajasekaran died. Kesavan was the third defendant in O.S.No.67 of 1989 and sixth defendant in O.S.No.246 of 1989. Rajasekaran was the fourth defendant in O.S.No.67 of 1989 and seventh defendant in O.S.No.246 of 1989. Jothimani the another son of Packiam was the fifth defendant in O.S.No.67 of 1989 and eighth defendant in O.S.No.246 of 1989. The legal heirs of Kesavan and Rajasekaran were also impleaded as parties. This is the genealogy as set out by the parties. The genealogy is not disputed.