THANGAVELU Vs. KANDASWAMI GOUNDER CHINNA GOUNDER

JUDGEMENT

(1.) The plaintiff appeals. For the sake of convenience, the parties shall be referred as per their ranks in the suit.

(2.) The plaintiff presented OS.No.653 of 1978, seeking partition and separate possession, on the file of the Sub Court at Coimbatore. The prayer in the suit was as follows:-

(3.) The plaintiff, defendants 2 and 3 are the children of the first defendant and one, Marathal. The first defendant and his brother, one, Periya Gounder were the sons of one, Sinniah Gounder. By way of a partition between the first defendant and his younger brother Periya Gounder, a house in Kaikolapalayam and lands measuring 48 cents in S.F.No.36/2 and 60 cents in S.F.No.38 in Vellanaipatti Village, Coimbatore Taluk, Coimbatore District, were allotted to the first defendant. As the first defendant could not conveniently enjoy the said properties for himself and on behalf of his minor children, he executed a sale deed on 21/11/1963, in favour of two persons, Periya Gounder and Ramasamy Gounder. From and out of the sale proceeds and joint family funds, the first defendant purchased the suit second schedule mentioned property. Marathal's father owned the properties described in schedule 3. After his death, his four daughters divided the property amongst themselves. Marathal got 1/4th share and the remaining 3/4th share was purchased by the first defendant. The purchase was, from and out of, the joint family funds. The plaintiff got married in the year 1977. He wanted to move away from the family. Hence, the defendants 1 & 2 executed a deed releasing their right over their house property and the plaintiff became the absolute owner of the same.