PERIYA CHENNA NAICKEN Vs. CHENNA NAICKEN

JUDGEMENT

(1.) These Appeals have been posted together since a common question relating to validity of a document styled as a Partition Deed, dtd. 29/5/1961, entered into between the parties to these Appeals, arises for consideration in both the Appeals.

(2.) The facts leading to the Appeals are as follows: One Muthiyalu Naicker, had two sons Periya Mara Naicker and Mara Naicker. They constituted a Joint Hindu Family and it was possessed of various properties. Periya Mara Naicker had three sons by name Periya Chenna Naicker, Mutha Naicker and Chenna Naicker. Mara Naicker had one son by name Mutha Naicker and a daughter Rangammal. Two sons of Periya Mara Naicker viz. Periya Chenna Naicker and Mutha Naicker launched a Suit in O.S. No.68 of 2007 seeking Partition and separate possession of their 4/16th share in the Suit properties, claiming that as per the Registered Deed of Partition, dtd. 29/5/1961, the branch of Periya Mara Naicker was allotted 3/4th share in the Suit properties and 1/4th share was allotted to the branch of Mara Naicker, the younger brother.

(3.) The entire Suit was based on the registered Document, dtd. 29/5/1961 and it was in respect of two items of properties situate in Mettu Nasuvanpalayam Village, Erode District. One son of Periya Mara Naicker viz. Chenna Naicker was made the First Defendant in that Suit. The son of Mara Naicker viz. Mutha Naicker was the Fourth Defendant and Rangammal daughter of Mara Naicker was the Seventh Defendant. While Defendants 2 & 3 are the children of Chenna Naicker, the Defendants 5, 6 & 8 are the children of Mutha Naicker. Since one of the sons of Mutha Naicker, by name Chenna Naicker died his wife Rajammal was impleaded as the Ninth Defendant.