S. BALAKRISHNAN (SOLE APPELLATE DECLARED AS MAJOR AND HER FATHER P. SANMINATHAN DISCHARGED FROM THE GUARDISHIP VIDE ORDER OF COURT DATED 01.09.2016 MADE IN C.M.P.NO.13786 OF 2016 IN S.A.NO.1474 OF 2010) Vs. V. GOKILNATH

JUDGEMENT

(1.) The defendant in the suit is the appellant before this Court. This Second Appeal is directed against the judgment of the first appellate Court in A.S.No.22 of 2008, dated 19.07.2010, reversing the judgement of the trial Court in O.S.No.587 of 2006, dated 22.08.2007 for partition. The sole point, in this case, is about the interpretation of the settlement deed dated 27.05.1973, (Ex.A-6) executed by one Palani Gounder.

(2.) Palanigounder has executed the settlement deed, wherein he has reserved the right of enjoyment for life, without power to alienate (or) encumber to his wife Subbathal and after her lifetime, the property should devolve absolutely on the male decendants of his two sons by name Viswanathan and Swaminathan.

(3.) The sparing parties are grandsons of Palanigounder. The plaintiffs are born to Viswanathan, the eldest son of Palanigounder and the defendant is born to Swaminathan, the younger son of Palanigounder. While the parties accept that the settlement deed marked as Ex. A-6 was effected and acted upon and after the demise of the life interestee Subbathal, on 20.11.2002, their right has open up, they differ on the proportion of share and they are entitled to. Thus, the begging question before the Court raised by the parties is whether they have to take the property per stripes or per capita .