LAKSHMI AMMAL Vs. KANNU @ PARASURAMA GOUNDER

JUDGEMENT

(1.) This appeal raises a very interesting question of law.

(2.) The present Second Appeal arises out of the judgment and decree dtd. 29/1/2013 made in A.S.No.6 of 2006 on the file of the learned Subordinate Judge, Tirupattur reversing the judgment and decree dtd. 17/11/2004 made in O.S.No.1293 of 1989 on the file of the learned District Munsif, Tirupattur.

(3.) The plaintiff in O.S.No.1293 of 1989 on the file of the District Munsif Court at Tirupattur claimed that they are the daughters of one Kannu @ Parasurama Gounder. According to them, the properties are ancestral properties of one Narayana Gounder, who died intestate. They were inherited by his wife Manikkammal @ Muniammal as his legal heir under the Hindu Succession Act. Kannu Gounder is the son of Mutha Gounder who was the brother of Narayana Gounder. As there were disputes between the wife Muniammal and Kannu Gounder, a Panchayat was held to resolve the dispute. Pursuant to the Panchayat held, a deed of partition was entered into between the parties viz. Manikkammal and Kannu Gounder on 5/2/1953. As per the partition deed, the properties were divided and Kannu Gounder was given only life estate with the vested remainder in favour of "xxx - descendants" of Kannu Gounder. According to the plaintiffs, Kannu Gounder married their mother Pattammal and from the wedlock, both the plaintiffs were born. Kannu Gounder developed friendly relationship with one Poongavanathammal, from whom he begot the second defendant Govindaraji. Poongavanathammal died before Pattammal, wife of the first defendant.