RAMASAMY Vs. VASANTHA

JUDGEMENT

(1.) The unsuccessful defendants in a suit for partition and separate possession are the appellants in the Second Appeal.

(2.) The parties are described as per their litigative status before the trial Court.

(3.) The plaintiff, claiming to be the daughter of one Duraisamy, Son of Karuppa Gounder has filed the suit. It is her case that her grandfather Karuppa Gounder, was in enjoyment of specific portion of lands that devolved on him and he died prior to 1956 i.e., before the coming into force of the Hindu Succession Act. He had two sons viz., Duraisamy and Ramasamy and they became entitled to 50% equal share in the properties of late Karuppa Gounder. The plaintiff's father Duraisamy married one Kuppayee and the plaintiff is their only child. The mother of the plaintiff died when the plaintiff was 16 years old and it was only the plaintiff who took care of her father. The plaintiff being handicapped, her father offered to settled his entire half share to her at the time of her marriage. Despite the same, the plaintiff's father continued to cultivate the lands and much later, when he suffered an accident, he executed his last Will and testament on 27/4/2007, bequeathing all his properties in favour of the plaintiff.