KALAIYARASI Vs. M.MATHESU

JUDGEMENT

(1.) The instant appeal had been filed as being aggrieved against the judgment and decree of the Court below in granting a decree of partition and also a consequential injunction restraining the defendants 1 to 5 from alienating and encumbering the suit property.

(2.) The brief facts of the case is that one Late Marappa Goundar had inherited an ancestral property which he had sold in the year 1964 and out of the sale proceeds he had established a Tobacco business and due to his success in the business, he was popularly known as Tobacco Marappa Goundar. He died in the year 1969 and thereafter the sons of the Marappa Goundar had been carrying on the said business. The properties purchased pursuant to the death of Marappa Goundar were either from the sale proceeds that were retained by Marappa Goundar or from the profits of the business that was started by Marappa Goundar. Apart from the above, the earnings of the plaintiff who is one of the son of Marappa Goundar and other sons were also infused into the joint family corpus and purchases had been made. After the death of elder brother Gandeeban, disputes arose and therefore, a Suit had been initiated by the second son of Marappa Goundar seeking for a division of the suit schedule properties and to allot him 1/5th share. The suit was resisted by the defendants 1 to 5 claiming that the allegations in the plaint as regards the existence of the joint family is false and that there were no proceeds left by the Marappa Goundar from the sale of the property in the year 1964 and all the suit properties which were purchased either by late Gandeeban first son of the Marappa Goundar and Aravindan, 3rd son of the Marappa Goundar, were all from the independent earnings of them as they were beneficially employed.

(3.) The trial court has framed three issues for consideration which are as follows: