DORAISANI AND ORS. Vs. J. MURALI AND ORS.

JUDGEMENT

(1.) There are four Second Appeals. Since they all arise out of a single suit, they have been heard together and they are disposed of by means of this Common Judgment. The suit in O.S. No. 5424/1996 on the file of the learned XII Assistant Judge, City Civil Court, Chennai was originally filed as C.S. No. 1504/1988 before this Court. On account of reallotment of pecuniary jurisdiction, the matter was transmitted from the High Court to the City Civil Court and accordingly, it was renumbered as O.S. No. 5424/1996. The said suit was filed by Mr. J. Murali, one of the respondents in these appeals for partition and allotment of 4/6th share in the suit properties. There are four items of immovable properties comprised in "A" schedule and there are number of items, which are movable properties, comprised in "B" schedule.

(2.) According to the case of the plaintiff, the item Nos. 1 and 2 in "A" schedule were purchased and owned by one Mr. T.K. Jayaraman and his mother Mrs. Kannamma (the 2nd defendant in the suit, who died during the pendency of the suit). Mr. T.K. Jayaraman died on 04.07.1981. The 1st defendant in the suit Mrs. Doraisani is the wife of Mr. T.K. Jayaraman. Mr. T.K. Jayaraman and Mrs. Doraisani had no issues. According to the plaintiff, he was adopted by Mr. T.K. Jayaraman as his adopted son in the year 1967, when he was hardly 9 months old. His date of birth is 19.04.1966. After the said adoption, according to the plaintiff, he was brought up as the adopted son of Mr. T.K. Jayaraman and he was also educated by him. In the school records and other public records, he has been shown as the adopted son of Mr. T.K. Jayaraman. Mr. T.K. Jayaraman died intestate. Therefore, according to him, on his demise on 04.07.1981, he is entitled for 4/6th share in all the suit properties. The suit items 3 and 4 in "A" Schedule were owned by the 2nd defendant/Mrs. Kannamma. In that property also, according to the plaintiff, he is entitled for 4/6th share. That is how he laid the suit for partition.

(3.) In the suit, there are as many as 6 defendants. The 1st defendant was Mrs. Doraisani, W/o. Mr. T.K. Jayaraman. The 2nd defendant was the mother of Mr. T.K. Jayaraman, namely, Mrs. Kannamma, who died during the pendency of the suit. The plaintiff was recorded as the sole legal representative of Kannamma on her demise. The 3rd defendant is an Employees Union known as "M/s. Ambattur Industrial Estate Employees Union". It has purchased suit item 2 of "A" Schedule property on 30.01.1983 from the 1st and 2nd defendants, who in turn, have sold item No. 2 of "A" Schedule property to the 3rd defendant. The defendants 4 and 5 are the tenants under Mrs. Duraisani Ammal in respect of item No. 1 of the "A" Schedule property. The 6th defendant Mr. D. Rajendran purchased item No. 1 of "A" Schedule property from the defendants 1 and 2 in the year 1983.