ASHOK KUMAR Vs. ABDUL MAJEED AHMED

JUDGEMENT

(1.) These two appeals have been filed against a common order in Applications Nos. 3444 and 3481 of 1983 in C.S. No. 40 of 1981. The said applications were filed under Section 3 of the Partition Act, 1893.

(2.) The subject matter of these proceedings is the property bearing new door No. 74 Godown Street, G.T. Madras, 1 and comprised in Collector's Certificate No. 3338, Old Survey No. 3076 and re-survey No. 11057 measuring north-south 42 feet and east-west 134 feet. One Perundevi Ammal had life estate in this property. She died intestate on 17-11-1972 leaving behind her eight daughters and a son by name Ramakrishnan. There is no dispute that each of these eight daughters and the son Ramakrishanan had an absolute 1/9th share in the property. Under a sale deed dated 10-4-1980 five of the daughters sold their 5/9th share in favour of M/s. H.M. Textiles, Madras. The other three daughters sold their respective undivided share in favour of three individuals, viz., Abdul Majid Ahmed, Meera Ahamed and Abdul Razackooman.

(3.) H.M. Textiles filed on 28-9-1980 C.S. No. 463 of 1980 praying for partition and separate possession of their 5/9th share in the property. Defendants 1 to 3 in this suit are the purchasers of the 3/9th share of the other three daughters and the fourth defendant is Ramakrishnan, the son of Perundevi Ammal who had the remaining 1/9th share. In the plaint, the plaintiff H.M. Textiles has specifically stated that they had purchased the 5/9th share and they are the owners by purchase of those shares. The fourth defendant Ramakrishnan is entitled to 1/9th share and the remaining 3/9th share belonged to defendants 1 to 3 therein.