PETCHIMUTHU Vs. RAMU AMMAL

JUDGEMENT

(1.) This Second Appeal is filed against the judgment and decree of the Principal District Judge, Tuticorin, passed in AS No.74 of 2003, dtd. 23/03/2004 confirming the judgment and decree of the District Munsif, Srivaikundam in OS No.40 of 2002, dtd. 22/01/2003.

(2.) The plaint:- The suit property originally belongs to one Subbiah Pillai @ Ayyapillai Thevar. The first plaintiff is the wife. The plaintiffs 2 and 3 and the defendants are the childrens. Subbiah Pillai @ Ayyapillai Thevar died on 20/10/1999 intestate. The plaintiffs and the defendants are the legal heirs. They inherited the property and in possession as joint family. On 13/05/2000, the defendants tried to interfere into the possession. The defendants have 1/5th share in the property. So, the suit is laid for partition and separate possession of the plaintiffs 3/5th share and for permanent injunction, costs.

(3.) The statement filed by the second defendant adopted by the first defendant:- It is denied that the property originally belongs to Subbiah Thevar @ Ayyapillai Thevar. The suit is bad for partial partition, since the house where the second defendant residing is not included in the plaint. The plaint 1st item in the 4th schedule situated in Survey No.170/2A/2 measuring about 0.36.0 Hectares belongs to the defendants by way of purchase, in which the plaintiffs and others have no right or interest. After the death of Subbiah Thevar @ Ayyapillai Thevar, there was a family arrangement in the first week of November 1999. By that family arrangement, the first plaintiff agreed that she is not entitled any share and she must be maintained by the defendants till her life time. In so far as the second plaintiff is concerned, even during the lift time of Subbaih Thevar @ Ayyapillai Thevar, she was provided with sufficient sreedhana and married. So, she agreed that she is not having any share. The third plaintiff converted to Muslim, married a Muslim girl and living with her. He also relinquished his share in the property. So, by that family arrangement, the entire properties owned to the Subbiah Thevar @ Ayyapillai Thavar belongs to the defendants. Apart from that, other customary denials were made.