P.MEGALARANI Vs. RAJAGOPALAN

JUDGEMENT

(1.) The second appeal has been filed against the the judgment and decree in AS No.38 of 2006 dtd. 2/7/2007 on the file of the Principal District Court, Thanjavur reversing the judgment and decree passed in OS No.2 of 2002 dtd. 5/1/2006 on the file of the Sub Court, Pattukottai.

(2.) The defendants 2,4 and 9 are the appellants in the second appeal.

(3.) The first respondent/plaintiff filed a suit on the ground that the suit property originally belonged to one Manickam Chettiyar. He had two sons, viz., Kandasamy Chettiyar and Sambamoorthy Chettiyar. He settled the property in favour of his sons through a registered settlement deed dtd. 18/12/1901. The suit property was described as 'C' schedule first item in the settlement deed. The said Sambamoorthy Chettiyar died as a bachelor. Ultimately, one Kamalathammal inherited the property through her mother Packiyathammal, who is the wife of Kandasamy Chettiyar. The further case of the plaintiff is that during her life time Kamalathammal executed a Will (Ex.A2) in favour of the plaintiff, 3rd defendant, one Krishnamoorthy and the first and second defendants. The said Will came into effect on the death of the said Kamalathammal. It is further stated in the plaint that other sharers namely Sundarambal, Krishnamoorthy and Saminathan relinquished their shares through registered release deeds dtd. 17/3/1994 and 25/5/1994 respectively for valuable consideration. According to the plaintiff, the second defendant alone did not surrender her share to the plaintiff. Accordingly the plaintiff claimed for four shares in the suit property and second defendant was entitled for one share. Since the second defendant was not amenable for partition, the present suit came to be filed seeking for the relief of partition, division and allotment of 4/5th share in the suit property.