K.S. PALANISAMI Vs. K.S. PONGULAPPAN

JUDGEMENT

(1.) First defendant in O.S.No.103 of 1989 on the file of the Sub Court, Gobichettipalayam is the appellant.

(2.) The deceased first respondent filed the suit for partition of his half share and for separate possession. The Trial Court granted the preliminary decree holding that the first respondent was entitled to 4/9 share and the appellant is entitled to 4/9 and the second respondent is entitled to 1/9 share. Aggrieved by the same, this appeal is filed.

(3.) The plaintiff and the defendants are the children of Chellianna Gounder and their mother was Nallammal. Chellianna Gounder died in the year 1948 and he was in possession of ancestral properties and after his death, those properties were managed by the mother as the plaintiff and the first defendant were minors and the mother sold some properties during the minority of the plaintiff and the first defendant and also purchased certain properties and therefore, all the properties mentioned in the suit schedule are the joint family properties of the plaintiff and the first defendant and item 7 was purchased in the name of the mother and the sale consideration for the purchase was provided from the income of the joint family properties and therefore, she was not the owner of that property. The plaintiff was a graduate and he went for employment and after the first defendant became major, he was looking after the properties and the plaintiff was employed in the Chintamani Co-operative Store at Coimbatore and he was there for 15 years and thereafter, he was doing business and the first defendant, the brother of the plaintiff was enjoying the income from the suit properties and when the plaintiff demanded partition, the first defendant refused to divide the properties and therefore, the suit was filed for partition of the plaintiff's half share in the suit properties.