VASUDEVA IYER Vs. RAJESWARI AMMAL

JUDGEMENT

(1.) THE deceased appellant, who is survived by his legal heirs, instituted a suit in the Court of Subordinate Judge, Virudhachalam against seven defendants seeking a preliminary decree for partition and separation of possession of the deceased appellant's half share in the suit rice -mill, as well as share of the future income, on the basis of the same being a property of the Hindu Undivided Joint Family. The deceased appellant pleaded that he and late Srinivasa Iyer (younger brother) and their father were members of Hindu Undivided Joint Family holding large extent of properties. The father passed away in the year 1952, leaving his widow and two sons. The widow also passed away in 1976 and thus the two brothers are in management of the properties and realising income there from.

(2.) IT is stated that both brothers decided to put up a rice mill in Kolathur Village in the year 1958. But the license was applied in the name of late Srinivasa Iyer, the deceased appellant being prohibited from getting license, as he was the Panchayat President. This mill was located on the land purchased in the name of late Srinivasa Iyer, which is stated to be the result of the failure of the vendors of that sale to discharge their loans availed from the joint family of the deceased appellant. Even the outstandings are stated to have been in the name of late Srinivasa Iyer.

(3.) LATE Srinivasa Iyer is stated to have two marriages, from which there are three children. Misunderstanding is stated to have occurred between the deceased appellant and late Srinivasa Iyer, resulting in filing of suit O.S. No. 572 of 1979 by the deceased appellant in the Court of District Munsif, Kallakurichi for declaration of his absolute title to the properties allotted to him under the partition and for a permanent injunction. This suit is stated to be contested by late Srinivasa Iyer. The rice mill, however, did not form the subject matter of the suit. Srinivasa Iyer passed away on 06.07.1982.