THAMBIRAN NAICKER Vs. DURAISWAMY NAICKER

JUDGEMENT

(1.) DEFENDANTS 1 and 2 in O.S. No.76 of 1981, on the file of the Sub Judge's Court, Kancheepuram, are the appellants herein.

(2.) PLAINTIFF filed the suit for partition claiming one-fourth share in the plaint items. There are five schedules A to E. In so far as A Schedule items are concerned, there is no dispute between the parties and, therefore, a decree was granted by the trial court. But in respect of the other Schedules, the suit was dismissed.

(3.) MATERIAL averments in the plaint are: One Kuppusami Naicker, plaintiff and defendants 1 and 2 and the husband of the third defendant constituted a Hindu undivided family. It is the case of the plaintiff that A Schedule items belong to the family and even during the lifetime of his father, he left the village to seek an employment at Madras and thereafter he was helping the members of the family with his meagre income. It is said that with the help of funds supplied by him, properties were purchased in the name of the father and also in the name of defendants 1 and 2 and also the deceased brother (husband of the third defendant). According to him, all these items purchased in the name of the brothers are all family properties and they are available for partition. B Schedule items which are scheduled in the plaint were purchased in the name of the wife of the third defendant and the wife of the first defendant. The case that is put forward is that only to shield those properties, the same were acquired by the brothers in the name of their wives. According to him, the female members have no source of income, and those properties also formed part of the joint family assets.