KAVITHA Vs. V. DAMODARAN

JUDGEMENT

(1.) A.S. No.891 of 2012 is by the Plaintiff in O.S. No.109 of 2010, a Suit for Partition laid by her claiming 1/3rd share in the Suit B to E Schedule properties.

(2.) According to the Plaintiff, the properties were Ancestral properties inherited by the First Defendant-Damodaran under a Will, dtd. 29/2/1972 executed by his father Varadarasu Kounder. It is the contention of the Plaintiff that under the Will, Damodaran was given a Life Estate and the properties were to be taken absolutely by the children of Damodaran on his death. It is the further contention of the Plaintiff that one Kanagambaram Ammal, widow of one of the sons of Varadarasu Kounder viz. Ramachandran, was given a Life Estate in some other properties and on her death, those properties would devolve on Damodharan and Krishnan other two sons of Varadarasu Kounder.

(3.) It was pleaded that Kanagambaram Ammal also died on 28/9/2011 and therefore, the Plaintiff would be entitled to 1/3rd share in those properties also which were shown in Schedule B & C to the Plaint. As regards the properties shown in Schedule D & E, it was the contention of the Plaintiff that those properties were acquired out of the income from the B & C Schedule properties and therefore, they also assumed the character of Joint Family properties. Though the Plaintiff impleaded Defendants 4, 5 & 6 in the Suit, she described the Fourth Defendant as the Concubine of Damodaran and Defendants 5 & 6, who are the children as the children of Concubine of Damodaran. According to her, since there was no valid marriage between the Fourth Defendant and Damodaran, the Defendants 5 & 6 would not be entitled to inherit as children of Damodaran.