S KARTHIKEYINI Vs. R SELVARANGA MUDALIAR

JUDGEMENT

(1.) Suit for partition and separate possession of the plaintiffs 2/6 shares ; directing the first defendant to pay a sum of Rs.3,60,000/- being the plaintiff's 2/6th share in past mesne profits; directing the defendants to pay to the plaintiffs their future mesne profits; for permanent injunction restraining the defendants 2 to 5 from in any way alienating or dealing with any of the A and B Schedule properties.

(2.) The 1st defendant (since died) was the father of the plaintiffs and the defendants 2 to 5. The defendants 2 to 4 are brothers and the plaintiffs 1,2 and the 5th defendant are sisters. Originally, the suit property belong to one Dhanakotiammal, the grand mother of the plaintiffs. She executed a settlement deed dated 14.3.1959 in favour of her three daughters viz., Duraikannammal, Kamalammal and Shanmugha Vadivu, the mother of the plaintiffs. Through the same settlement deed, she also settled the other properties being agricultural lands only in favour of Shanmugha Vaidvu. A partition deed dated 28.4.1980 was executed partitioning the property between the legal heirs of the three sisters, whereby, premises No.24, South Mada Street, Mylapore, Chennai was allotted to the plaintiffs and the defendants.

(3.) The 1st defendant, being the father, was managing the property. The plaintiffs got married in the year 1978 and the 1st plaintiff settled at Pondicherry with her husband and the 2nd plaintiff settled at Chennai. Along with the father the plaintiffs and the defendants are entitled for 1/7th share each. The 1st defendant died on 27.11.2003 and thereby, the plaintiffs and the defendants 2 to 5 each became entitled for 1/6th share. The defendants 2 to 4 did not render accounts for the income from the property which is let out to various tenants.