V.J. DEENADAYALAN Vs. JAYAMANI

JUDGEMENT

(1.) Challenge in these Appeals is to the Common Judgment of the III Additional District Judge, Erode at Gobichettipalayam in O.S. Nos.11 & 13 of 2007.

(2.) While A.S. No.240 of 2013 is by the Plaintiffs in O.S. No.13 of 2007, A.S. No.267 of 2013 is by the Plaintiffs in O.S. No.11 of 2007. In the Suit in O.S. No.11 of 2007, the Plaintiffs, who are the daughters of V.P. Appachi Gounder and Palaniammal, sought for Partition and separate possession of their 5/16th share each in the Suit properties and for delivery of possession. They had inter alia contended that their father Appachi Gounder was allotted several income yielding landed properties at a Partition between him and his father Palani Gounder that took place on 20/9/1950.

(3.) Out of the income earned from the said lands, Appachi Gounder had purchased several other items of lands and the lands that were allotted to Appachi Gounder at the Partition and the lands that were purchased by him out of the income from the ancestral nucleus were shown as 'A' Schedule Properties. Appachi Gounder also purchased several properties in the name of the Second Defendant who is his only son. Those properties that were purchased by Appachi Gounder in the name of his son/the Second Defendant under Exhibits A8 to A15 were shown as 'B' Schedule properties. According to the Plaintiffs, on the death of Appachi Gounder on 13/3/2006, the Plaintiffs, as coparceners, would be entitled to an equal share as that of the son. Therefore, they claimed a 5/16th share each in the Suit properties.