SUBBANNA GOUNDER Vs. MOHAN RAJ MINOR

JUDGEMENT

(1.) DEFENDANTS 1 and 2 are the appellants in this first appeal against the preliminary decree granted in the partition suit O.S. No.154 of 1981 on the file of the Subordinate Judge, Namakkal. The said decree, (1) directs division of plaintiffs - 2/3rd share in the suit A Schedule properties, after the death of the life interest holder of the said properties, the4th defendant 4th respondent (2) declares that the suit B schedule properties absolutely belong to the 1st defendant and 6th defendant - 6th respondent and directs division of the said properties among the heirs of defendants 1 and 6 and (3) directs division of plaintiffs - 5/12th share in the suit C and D schedule properties. The said decree also observes that accounting relief shall be decided in final decree proceedings.

(2.) THE suit arose on the death of one Thangavelu, who died on 12.1.1977, the 2nd plaintiff being his wife. According to the plaintiffs the 1st plaintiff is the posthumous son of Thangavelu, having been born on 14.8.1977. Admittedly, the original ancestor is one Karuppanna Gounder, who died in 1964. The 4th defendant is his second wife, while defendants 6 and 5 are his son and daughter respectively, through the first wife, who is no more. Defendants 6 and 5 are respondents 6 and 5 respectively. The 1st defendant is his son through the 4th defendant. The 2nd defendant is the wife of the 1st defendant. The abovesaid deceased Thangavelu and the 3rd defendant - 3rd respondent are the sons of defendants 1 and 2. But, the 3rd defendant was born subsequent to the death of Thangavelu, that is, on 12.11.1977. Defendants 7 and 8 are usufructuary mortgagees of item 2 of suit C schedule properties. Defendants 4 to 8 remained ex parte in the court below. In this Court, the only contesting respondents are the plaintiffs, while defendants 3 to 8 respondents 3 to 8 remain ex parte.

(3.) THE material allegations in the written statement of the 1st defendant may be summarised as follows: