SUNDARAVADANAM Vs. SAROJA AMMAL

JUDGEMENT

(1.) Aggrieved by the Judgment and Decree passed in O.S. No.104 of 2013 dtd. 20/9/2018 on the file of the Principal District Court, Villupuram, the eldest son of one Palanimalai Chettiar namely P. Sundaravadanam has preferred this Appeal against the Plaintiffs herein namely his mother (Tmt. Saroja Ammal) and three sisters (Tmt. Vijaya, Tmt. Suguna and Tmt. Sivakami) and his other two brothers Sekar and Thangathurai.

(2.) The wife and three daughters of Thiru. Palani Malai Chettiar have preferred cross-objection vide Cross-Obj. No.46 of 2019. In fact, they filed a Suit for partition claiming 1/7 share each, for rendition of accounts and for mesne profits.

(3.) According to the Plaintiffs, originally Palanimalai Chettiar, husband of the 1st Plaintiff, the father of the Plaintiffs 2 to 4 and Defendants No.1 to 3 purchased the Suit properties by way of Registered Sale Deed, dtd. 5/1/1981. He along with his children sold 0.07 cents of lands out of 0.58 cents and the remaining extent is shown as Suit property. Palanimalai Chettiar constructed 14 shops towards the western and southern side of the Suit property by borrowing loan from the State Bank of India, Manalurpettai Branch and let out for rents. Till his life time, he was remitting the loan by receiving rents. Thiru. Palanimalai Chettiar died intestate on 13/6/2008. The 1st and 3rd Defendants are in possession and enjoyment of some of the shops by receiving the rents. The Plaintiffs being class-1 Legal Heir of Thiru. Palanimalai Chettiar, have every right to claim 1/7 share each in the Suit property. On oral demand and despite the Legal Notice issued to the Defendants, as no steps towards effecting partition was taken, Suit was laid for the relief of partition of 1/7 share for each Plaintiff.