LAWS(MAD)-2007-6-141

MANICKAM Vs. AMIRTHAM

Decided On June 01, 2007
MANICKAM Appellant
V/S
AMIRTHAM Respondents

JUDGEMENT

(1.) DEFENDANTS 1 to 6 before the Trial Court are the appellants. The first respondent has filed the suit for partition and allotment of 1/7th share in the suit properties, which are consisting of five items out which the first four items are relating to immovable properties and the 5th item relates to a Tractor and the 6th item is the amount due from Bannari Amman sugars Ltd. , arrayed as 8th defendant.

(2.) ACCORDING to the plaintiff, she is the eldest daughter of late Muthusamy Naidu, the first defendant being the wife of late Muthusamy naidu and defendants 2 to 6 are his sons and daughters. The said Muthusamy naidu died intestate on 27. 01. 1986 leaving behind the plaintiff and defendants 1 to 6. The suit properties are the self acquired properties of the said muthusamy Naidu apart from the fact that he had also properties from his father in law. Item No. 2 was purchased by Muthusamy Naidu in the year 1972 in the name of his wife the first defendant. That was the sale deed dated 04. 06. 1972 marked as Ex. A. 2. Item No. 3 was purchased by Muthusamy Naidu in the name of his son the second defendant on 21. 06. 1973 copy of which was marked as Ex. A. 29 and the original marked on the side of the defendants as Ex. B. 3. All the said properties were purchased by Muthusamy Naidu since first and second defendants had no independent income. Apart from the properties the deceased Muthusamy naidu was having several jewels movables and cash. By his income Muthusamy naidu has developed the property mentioned in item no. 4 constructing a house.

(3.) ACCORDING to the second defendant, item no. 2 of the schedule property is the own property of the first defendant and the said property was originally purchased by the father of the first defendant thirumalaisamy Naidu under a registered sale deed dated 29. 08. 1957. It was under a registered sale deed dated 04. 06. 1972 marked as Ex. A. 2 the father of the first defendant Thirumalaisamy Naidu has sold item no. 2 of the suit schedule property to the first defendant and the purchase was from and out of the contribution by the first defendant herself and Muthusamy Naidu has not paid any amount and after the purchase the first defendant was in possession of the said property enjoying the same and due to her old age she has allowed her three sons namely, defendants 2,4 and 6 to enjoy the property, as per the registered partition deed dated 11. 04. 1986 marked as Ex. A. 6 (Original Ex. B. 4 ).