ANGAMMAL Vs. RAJAPPAN

JUDGEMENT

(1.) The plaintiffs in O.S.No.10 of 2013 on the file of I Additional District Judge, Salem, are an appeal aggrieved by the order made by the learned I Additional District Judge, Salem, in I.A.No.1576 of 2013, an application filed under Order VII Rule 11 of Civil Procedure Code seeking rejection of the plaint.

(2.) The suit in O.S.No.10 of 2013 was laid by the plaintiffs, who are the daughters of one Kullappa Gounder, seeking partition and separate possession of their 2/5 th share in the suit 'A' and 'B' schedule properties. Several other prayers were also sought for declaration of certain documents as null and void.

(3.) The plaintiffs contended that the suit properties belonged to the joint family, of which, Kullappa Gounder was the manager. The title of the joint family was traced to various transactions, by which, Kullappa Gounder dealt with several other properties and purchased the suit properties. As regards suit 'A' schedule properties, it was contended that they belonged to the joint family and on the death of Kullappa Gounder, the plaintiffs would be entitled to a share in the said properties. So far as the 'B' schedule properties are concerned, since they stood in the name of the first defendant/K.Rajappan, son of Kullappa Gounder, it was contended that those properties were purchased in the name of the first defendant from and out of the joint family resources and as such, they also belonged to a joint family.