R. RAYAPPAN (DIED) Vs. RAJAMMAL (DIED)

JUDGEMENT

(1.) The Defendants in O.S. No.66 of 2012, who had suffered a Decree for Partition and separate possession of the Plaintiffs' 2/3rd share in the Suit properties are on Appeal.

(2.) Originally, the Suit was laid by the three Plaintiffs, who are daughters and granddaughters of Rangaiya Gowder @ Rangappa Gowder against his only son, his children and the Tenants. The Geneology is as follows:

(3.) Upon the death of the 2nd Plaintiff/Lalitha, her heirs were impleaded as Plaintiffs 4 & 5. The Plaintiffs would claim that the Suit properties originally belonged to one Rangappa Gowder @ Rangae Gowder, son of Kara Gowder, who died before 1955 leaving behind his only son Rangaiya Gowder @ Rangappa Gowder, who also died some time in early 1970s. The said Rangaiya Gowder died leaving behind one son namely, Rayappan/1st Defendant in the Suit, three daughters namely, Subby Subbammal, Rajammal and Marammal. The Subby Subbammal is stated to have died without issues. Marammal had died leaving behind the Plaintiffs 2 & 3 during the pendency of the Suit. Since the 2nd Plaintiff/Lalitha died pending Suit, her husband and son were brought on record as Plaintiffs 4 & 5. Contending that the Suit properties belonged to Rangaiya Gowder, who died some time in early 1970s, the Plaintiffs as daughters and the children of Marammal, another daughter, claimed 2/3rd share in the properties.