M.KALAISELVI Vs. K.KANNAIYAN

JUDGEMENT

(1.) The plaintiffs in a suit for partition have preferred the present first appeal challenging the dismissal of their suit.

(2.) The plaintiffs have contended that one Karuppannan had four sons by name Sanjeevi, Kannaiyan (D1), Balakrishnan and Nalliyannan and they remained as undivided Hindu joint family. In an oral partition of their family business on 1/4/1988, the first defendant Kannaiyan obtained an amount of Rs.2,25,000.00 towards his share. Utilising the said amount, he had purchased 'A' and 'B' schedule properties. The first defendant had got married to one Suseela and they are blessed with three children namely Kalaiselvi, Vijayakumar and Venkatesh. Therefore, the said Kannaiyan constitutes a Hindu undivided family along with his three children.

(3.) In the plaint it is further contended that Kannaiyan had alienated a portion of the property in favour of defendants 2 and 3 claiming it to be his separate property. Hence, the suit for partition by the children of Kannaiyan seeking 1/4th share in the suit schedule property. The first defendant had remained exparte.