S KRISHNAMURTHY Vs. S VENUGOPAL

JUDGEMENT

(1.) BOTH these Second Appeals arise from O.S. No. 356 of 1982, a suit filed for partition. Plaintiff therein is the appellant in S.A. No. 1691 of 1986. Third defendant in that suit is the appellant in the connected Second Appeal.

(2.) AS per judgment dated 29-7-1985, preliminary decree was passed in favour of the plaintiff holding that he is entitled to 8/35 shares in the plaint item. The said judgment was set aside in appeal. Third defendant also claimed a share. When the suit was dismissed, the third defendant, being aggrieved, has also filed the connected Second Appeal.

(3.) IT is the case of the plaintiff that late K.V. Subramaniam Chettiar, who died in the year 1978 at the age of 91, was permanently residing at Salem, and the entire family migrated to Coimbatore for earning a better income. IT is his case that Subramaniam Chettiar and the family were doing traditional handloom weaving business and they were owners of some looms. They used to get yarn from various merchants, and after weaving, the same was supplied to various merchants, and they had a flourishing business at Salem. About 30 years prior to the institution of the suit, it is said that the entire family migrated to Coimbatore where they lived initially in the house of the elder daughter of Subramaniam Chettiar and thereafter they resided in a rented house. IT is the plaintiff's case that the family members were contributing their labour and exertion to augment the income of the family, and out of savings, the plaint A Schedule property was obtained. IT is said that the family members had absolute faith in the first defendant, who is the elder son, and so the property was purchased in his name. Misunderstandings arose after the death of the father, and therefore, plaintiff has filed the suit for partition. The sale deed in Ex. A-1 or Ex. B-1 dated 1-12-1976.