K. KAILASAMOORTHY Vs. N. INDIRADEVI

JUDGEMENT

(1.) The First Defendant in O.S. No.20 of 2015 assails the Decree for Partition granted by the Trial Court by way of this Appeal.

(2.) The said Suit was initiated by one of the daughters of Kandhasamy, who died on 13/8/1965 leaving behind his wife Lakshmiammal, two daughters viz. Vijayalakshmi and Indiradevi, the Second Defendant and the Plaintiff in the Suit respectively, and Kailasamoorthy, the First Defendant/ Appellant herein. It is not in dispute that Lakshmiammal died in 1997. The other Defendants are the alienees from the First Defendant, after 9/9/2005 viz. the date on which the Hindu Succession (Amendment) Act 39 of 2005, came into force.

(3.) The Plaintiff laid the Suit primarily contending that the Suit properties were Ancestral properties belonging to the Joint Family consisting of Kandhasamy, herself and Defendants 1 & 2. She based her claim on the fact that the Suit properties were allotted to Kandhasamy at a Partition that took place between him and his brothers on 29/7/1959. Contending that after the introduction of the Hindu Succession (Amendment) Act 39 of 2005, she would be a Coparcener and she would be entitled to equal share with that of the son, she had claimed 1/3rd share in the Suit properties.