DAMODARAN S\O ELUMALAI NAICKER Vs. POONGAVANAM AMMAL

JUDGEMENT

(1.) Defendants 1 and 2 in O.S. No. 199 of 2004 on the file of the Fast Track Court No. IV-(Additional District and Sessions Judge), Poonamallee, are the appellants in the above appeal. The suit O.S. No. 199 of 2004 was filed by the plaintiffs, who are wife, children and grand children of Elumalai Naicker, seeking partition and separate possession of 1/10th share to each of the plaintiffs. The genealogy of family of Elumalai Naicker is as follows : <img src="/Docs/826358.jpg">

(2.) The wife, three sons and five daughters of the deceased Elumalai Naicker are plaintiffs. The 7th plaintiff Mrs. R. Kumari died pending suit and her legal representatives namely, her husband and two daughters, were added as plaintiffs 10 to 12. The first defendant is the eldest son of the deceased Elumalai Naicker and the second defendant is wife of the first defendant.

(3.) According to the plaintiffs, the deceased Elumalai Naicker had left behind 2 acres and 82 cents of cultivable lands described as items 1 to 5 of the plaint schedule at the time of his death. The first defendant, who was the eldest son, was managing the Estate of the family as Kartha. Except the eldest daughter Mallika, other daughters and sons remained unmarried, when Elumalai Naicker died.