P K SHANMUGASUNDARAM Vs. LAKSHMI

JUDGEMENT

(1.) THE defendants 1 and 3 are the appellants.

(2.) THE averments in the plaint are as follows: THE plaintiff and defendants 1 and 2 are the daughter and sons of Kumarasami gounder to whom the suit property belonged. Kumarasami Gounder who was enjoying the properties as head of the joint family died intestate on 29. 6. 1967. Even after celebrating the marriage of the plaintiff, Kumarasami Gounder was detaining the plaintiff, her husband and their children with him. His wife predeceased Kumarasami Gounder. THE first defendant was away from the village on account of his employment. But yet, the plaintiff and the second defendant who were residing in the family house, used to give a share of the yield due to the first defendant and he was also enjoying the same. THE second defendant had helped the plaintiff in taking 6 acres of land in Pandali village of Kollegal taluk on lease. THE second defendant was giving share from the yield of the family property to the plaintiff till 1986 Vaikasi. THE plaintiff came to know that defendants 1 and 2 have divided the properties among them by means of a partition deed dated 21. 3. 1981. When the plaintiff attempted to take registration copy of the said document, she came to know that the first defendant had sold a portion of the property in favour of the third defendant. When the plaintiff demanded partition in the village panchayat, the defendants refused. THE defendants did not effect partition inspite of the notice issued by the plaintiff. THE plaintiff is entitled to l/9th share as per the Hindu succession Act. Hence the suit.

(3.) ON the above pleadings, the learned Sub Judge, Gobichettipalayam, after trial, has passed a decree granting partition and separate possession of l/9th share in the plaint items 1 and 2 in favour of plaintiff and dismissed the suit in respect of the other property and also relegated the enquiry with regard to the mesne profits to a separate proceedings under O. 20, Rule 18 of code of Civil Procedure.