GOVINDASWAMY UDAYAR Vs. ROJAVATHYMEDAKAR

JUDGEMENT

(1.) THE second defendant before the Trial Court is the appellant in this first appeal. Pending the appeal the sole appellant died and his legal representatives have been impleaded as appellants 2 to 5. THE respondents have filed the suit for partition and allotment of 1/45 and 51/180 shares respectively in respect of A and B Schedule properties and also for return of jewels to the first and second plaintiffs. "A" schedule properties consist of 55 items, which are all immovable property while B schedule properties relate to various moveable goods.

(2.) THE case of the plaintiffs is that the first and second defendants namely, Poovathu Udayar and Govindasamy Udayar and the husband of the first plaintiff and father of the plaintiffs 2 to 4 late Gopal Udayar were the sons of Kaliyathu Udyar who died instate 45 years ago. Kaliyathu Udayar and his sons consisting of a joint family had various properties enjoyed by his sons commonly without partition. Out of the income from the said property various other properties were purchased in the name of the second defendant (appellant herein) and also in the name of the elder member of the family the first defendant apart from the mother, the third defendant. However, those properties were jointly enjoyed as joint family properties. In the A Schedule properties, which belonged to the joint family consisting of the defendants, Gopal Udayar had one-third share. Likewise, in the movable properties mentioned in B Schedule also Gopal Udayar has one-third share. Gopal Udayar and the first plaintiff were married on 08.01.1970 at Thirupathi and out of their wedlock plaintiffs 2 to 4 were born. Gopal Udayar died on 23.06.1981 intestate leaving the plaintiffs as well as his mother the third defendant as his legal heirs. THErefore, the 2nd and 4th plaintiffs who are the sons of Gopal Udayar have equal right as per the Hindu Law and in that way they are entitled for one ninth share in the entire property. In the share, which the Gopal Udayar is entitled namely, one ninth share, the plaintiffs as well as the third defendant are entitled for equal share, namely, each 1/45th share. THErefore, the second and 4th plaintiffs are entitled for 51/180th share and first and third plaintiffs are entitled for 1/45th share.

(3.) THE 5th defendant has also filed a written statement. While admitting that A Schedule properties are the joint family properties, the 5th defendant also state that there are various other properties purchased in the name of the daughter in law of the second defendant binami from and out of the income from the joint family properties and those properties are also to be added. THE 5th defendant also admits that B Schedule properties are the joint family properties. THE second defendant in the written statement denies that the first plaintiff is of unsound mind. He also dispute the certificate issued by the Doctor regarding the unsoundness of the first plaintiff. It is also stated that the first plaintiff has filed the suit not only on her behalf but also on behalf of her minor children namely, plaintiffs 2 to 4.