MURUGESAN Vs. SUBBANNA GOUNDER

JUDGEMENT

(1.) The plaintiffs in O.S. No. 87 of 1986 on the file of the Subordinate Judge, Tiruppur, have filed this appeal aggrieved at the judgment and decree dated 05.9.1989 in the suit for partition.

(2.) The parties have been arrayed as described in the suit.

(3.) The plaintiffs are the sons of the fourth defendant Gurunathasamy Gounder. Defendants 2 and 3 are the sons of the first defendant. Kaliammal is the sister of Gurunathasamy Gounder. Kuttiappa Gounder, father of the fourth defendant, Gurunathasamy Gounder and his sister Kaliammal, purchased the suit property bearing Patta No. 305 measuring 0.76 Acre dry land at 15, Velampalayam Village, Palladam Taluk, Tiruppur, as per Sale Deed Ex.B.1 dated 18.6.1933. Kuttiappa Gounder died in 1968. After his death, the fourth defendant Gurunathasamy Gounder and his mother Sankarathal executed the Release Deed Ex.B.3 dated 12.02.1969 releasing their half right in the suit property to Kaliammal, wife of the first defendant and mother of defendants 2 and 3. Kaliammal died on 23.9.1983. The stand of the plaintiffs is that in view of the fact that the suit property is ancestral property purchased by their grandfather Kuttiappa Gounder, along with his sister-in-law Kallammal, the fourth defendant and his mother Sankarathal have no right to release their share in the suit property during which time, the plaintiffs were minors. As such, according to the plaintiffs, the Release Deed is not binding insofar as their shares in the suit property is concerned. The defendants 1 to 3 are trying to sell the suit property to the fifth defendant, who is the President of the Co-operative Society of 15, Velampalayam Village. The plaintiffs have 3/5 share and the defendants 1 to 3 together have 2/5 share in view of the Release Deed executed by the fourth defendant along with his mother Sankarathal. The suit is filed for partition of 3/5-th share of the plaintiffs in the suit property and for grant of permanent injunction restraining the defendants 1 to 3 from in any way alienating the suit property to the fifth defendant or others till the partition is effected.