V NATARAJA IYER Vs. ARUNACHALAM

JUDGEMENT

(1.) THESE two appeals arise out of a suit for partition and separate possession, attacking the alienations made by the father of the plaintiffs. The five plaintiffs are the sons of Guruswami Iyer, the first defendant in the suit. Vembu Iyer, the 2nd defendant, and Ayyasami Iyer the 3rd defendant, are the elder brothers of the 1st defendant and they are some of the alienees of the properties belonging to the family of the first defendant. It is common case that there had been an oral partition amongst the three brothers, namely, the defendants 1 to 3 in 1943. It is also not in dispute that the first defendant an his five sons (the plaintiffs) constituted a Hindu joint family. It owned certain agricultural lands in mayuram taluk Thanjavur Dist. , to be specific in two villages, namely. Melanallur and Arumozhi Dewan village It also owned two house properties and some lands in Thriuvannamalai. The properties situate in Thiruvannamali are described as Items 1 to 6 in the A schedule to the plaint while the lands in mayuram taluk, are described in the B schedule as Items 1 to 37 thereof.

(2.) THE first defendant started alienating the properties from 1945 onwards, The first of the alienations was under Ex. B-1 dated 20-3-1945, Under this document, the first defendant sold Items 25 to 27 of the plaint B schedule to the second defendant for a sum of Rs. 1,700. Later there had been several alienations by the first defendant and all the alienees as well as the subsequent alienees have been made parties to the suit.

(3.) THE plaintiffs claimed a 5/6th share in all the suit properties and according to them none of the alienations was binding on them. Some of the alienees contested the suit and some did not.