K RAJAMANICKAM Vs. S VALLI

JUDGEMENT

(1.) Notice before admission was given to the respondent and the respondent has entered appearance through counsel. The arguments advanced by Mr.P.Mani, learned counsel for the appellants and by Mr.S.Kaithamalai Kumaran, learned counsel for the respondent are heard.

(2.) The appellants 1 and 2 are husband and wife. The respondent Valli is none other than the sister of the first appellant Rajamanickam. The suit properties are admittedly the ancestral properties in the hands of Kaveri Gounder, the father of the first appellant and the respondent herein. The said Kaveri Gounder died intestate on 24.10.1998 leaving behind him the first appellant and the respondent and also his wife Pavaiammal, as his legal representatives. The said Pavaiammal also died on 21.02.2004.

(3.) Claiming that the respondent along with the first appellant and their father Kaveri Gounder constituted a Mitakshara Hindu Undivided Family and on the death of Kaveri Gounder, the respondent and the first appellant became the surviving coparceners; that on the death of the third legal heir of Kaveri Gounder, namely Pavaiammal, the share that would have gone to her from out of the share of the Kaveri Gounder, also remained intact as the coparcenary property and that the first appellant and the respondent were entitled to equal shares in the suit properties, the respondent had filed the suit in O.S.No.207/2008 on the file of the District Court, Salem. Since a portion of the suit properties had been settled on the second appellant by the first appellant, she was also made a party defendant. The case came to be assigned to the Additional District Judge (Fast Track Court No.1), Salem for trial.