P.C.VETHAGIRI Vs. P.R.CHITTIBABU MUDALIAR

JUDGEMENT

(1.) The plaintiffs 1 to 3 in C.S.No.1253 of 1992, a suit for partition are on appeal, aggrieved by the dismissal of the suit with reference to the properties described in schedules 'L' and 'M' to the plaint. The plaintiff sued for partition and separate possession of their 9/48th share in the suit properties and for allotting the 'C' schedule properties to them as per the family arrangement dtd. 5/4/1978 and also for division of 'L' and 'M' schedule properties, contending that the suit properties were originally allotted to one Murugesa Mudaliar at a partition between him and his brother that took place on 25/2/1924 and the said Murugesa Mudaliyar died in 1936, leaving behind his only son, P.M.Rathnasabapathy Mudaliar, who also died in 1942.

(2.) It is claimed that the 'L' and 'M' schedule properties were settled by the said Murugesa Mudaliyar on one P.R.Subramania Mudaliar, who was the illegitimate son of Rathnasabapathy Mudaliar. According to the plaintiffs, as per the said settlement deed the property was settled on Subramania Mudaliar and his wife, Shivabhushanam Ammal just prior to their marriage and it provided that the property shall go to the children born to them. In the event, the said Shivabhushanam Ammal and Subramania Mudaliar died without issues, the properties shall revert back to the other heirs of Murugesa Mudaliar. It is claimed that Rathnasabapathy Mudaliar died leaving behind his son by name Chittibabu/ 1st defendant.

(3.) The plaintiffs 2 to 4 are the sons and daughter of the 1st plaintiff. The defendants 3 to 5 are the sons of the 2nd defendant. The defendants 7 to 9 are the daughters and son of the 6th defendant. The defendants 12 and 13 are the daughter and son of the 11th defendant. The 14th defendant is the wife of the 1st defendant / Chitti Babu. Defendants 15, 16 and 17 are the daughters of Chitti Babu. Since the 18th defendant, son of one Masilamani Mudaliar claims certain right to the 'L' and 'M' schedule properties as if he is the adopted son of Subramania Mudaliar, the illegitimate son of Rathnasabapathy Mudaliar, he was impleaded as the 18th defendant.