ANNAPOTTU AMMAL Vs. TAMILMANI

JUDGEMENT

(1.) Defendants 1 and 4 in a suit for partition have preferred the present first appeal challenging the judgment and decree of the trial Court.

(2.) As per admitted genealogy, one Duraisamy Udaiyar had two wives namely Annapottu Ammal and Gandhimathi Ammal. Annapottu Ammal (D1) is his first wife and Gandhimathi Ammal (D7) is his second wife. The plaintiffs 1 to 3, 7 to 10 are the children and grandchildren through the first defendant. The plaintiffs 4 to 6 are the children through the second wife. Defendants 2 and 3 are the sons through the second wife. The 4th defendant is the son of the first wife (D1). Defendants 5 and 6 are the daughters of one Vasanthi (died) who is the daughter of the 1st defendant. 7th defendant is the second wife. This genealogy is not in dispute.

(3.) Totally 125 properties have been shown as suit schedule properties. According to the plaintiffs, the deceased Duraisamy Udaiyar had constructed a rice mill in 122nd item of the suit property at Neivasal Village and later, he extended his rice mill to Thanjavur with his partner Ramasamy Chettiyar. Both of them have purchased properties in their joint names through registered sale deeds. After death of Ramasamy Chettiyar, his shares were allotted to one Karuppaiyan who belongs to the family of Ramasamy Chettiyar. The said Karuppaiyan and late Duraisamy Udaiyar partitioned the above said property under a registered partition deed dtd. 3/9/2001. Under the partition deed, 123rd item of the suit property was allotted to Duraisamy Udaiyar as his absolute property.