P KAMALAM Vs. R RENUKADEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated 20.9.1988 passed in a suit for partition in O.S.No.118 of 1986 on the file of Subordinate Judge, Coimbatore. Both the defendants in the suit are appellants herein and the plaintiffs are the respondents. The parties are hereinafter referred to as shown in the plaint.

(2.) The plaintiff filed the suit for partition of plaint schedule properties into three equal shares and for allotment of 2/3rd share to the plaintiffs and for other incidental reliefs and costs. The suit properties are described in A and B schedules to the plaint. A-schedule properties are situate in Vilankurichy village, Coimbatore taluk and B-schedule properties are situate in Sowripalayam village in the same taluk. The first plaintiff is the wife of one Ramaswamy Naidu and their three daughters are the plaintiffs 2 to 4. The first plaintiff's husband and father of plaintiffs 2 to 4 is one Ramaswamy Naidu. Ramaswamy Naidu is the son of Balakrishna Naidu. Ramaswamy predeceased his father and he died on 2.9.1982. E.Balakrishna Naidu, father of Ramaswamy died on 14.9.1984 leaving behind his two daughters, Kamalam and Chandrakanthi, the defendants in the suit. Prior to the death of Ramaswamy Naidu on 2.9.1982, his mother and the wife of Balakrishna Naidu, Ammani ammal died in the year 1981 and the family tree of E.Balakrishna Naidu starting from his paternal grandfather, Ramaswamy Naidu is as under: <FRM>B.25.1260.1205.htm</FRM>

(3.) The case of the plaintiffs is that E.Balakrishna Naidu had a brother, by name, Ramachandra Naidu and there was a partition between E.Balakrishna Naidu and Ramachandra Naidu by a registered deed of partition dated 30.3.1939 (Ex.A-1) and under the said partition, E.Balakrishna Naidu was allotted certain properties which are described as plaint A and B schedule properties. It is stated that E.Balakrishna Naidu's wife Ammani ammal was the owner of certain properties in respect of which she executed a will dated 11.11.1981 and those properties are not subject matter of the suit. In the plaint, the plaintiffs have stated that during the lifetime of E.Balakrishna Naidu, there was a family arrangement and under the terms of family arrangement, the first plaintiff's husband Ramaswamy Naidu should take 14.81 acres comprised in survey No.360 and 10 cents comprised in survey No.278 situated in Vilankurichi village which are described as A-schedule properties. Though a plea of family arrangement was taken up in the plaint, the plaintiffs themselves have given up the plea of family arrangement in the plaint itself to avoid unnecessary complications taking into consideration the difficulties in establishing the family arrangement. Though the plaintiffs have given up the plea of family arrangement, the plaintiffs have stated that Ramaswamy Naidu was in possession and enjoyment of 14.81 acres of land till his death and after his death, the plaintiffs have been in possession and enjoyment of an extent of 11.81 acres out of 14.81 acres in survey No.360 and also 10 cents in survey No.278 in Vilankurichi village, described as A-schedule properties and the remaining extent of 3 acres in survey No.360 has been sold out.