JAYALAKSHMI Vs. GOVINDAMMAL

JUDGEMENT

(1.) THE plaintiffs in the Court below are the appellants in this First Appeal. Pending appeal the first appellant died and her legal representatives have been brought on record as appellants 3 to 8. THE suit in O.S.No.3 of 1988 was filed dated 13.03.1987 to permit them to file the same as indigent persons and subsequently after the order, it was numbered on 08.01.1988. THE suit for partition and a separate possession of two fifth shares of the plaintiffs in the suit properties, apart from mesne profit of Rs.15,000/-. THE suit properties consist of 23 items of Punja lands situated in Pudupakkam Village, Vanoore Taluk, Tindivanam.

(2.) THE first and second plaintiffs are the sisters. Originally, the suit properties belonged to Murugesa Gounder and his wife Annammal, who are the father and mother of the plaintiffs. THE said Murugesa Gounder and Annammal were having four daughters, who are the plaintiffs as well as defendants 1 and 2 and one son Vengadapathy Gounder who married Machavalli who died before Vengadapathy Gounder. Vengadapathy Gounder died leaving behind him his four daughters who were defendants 3,4,5 and 6. THE third defendant Muniyammal who is the third respondent in the appeal died pending appeal and her husband and son who are the legal heirs were impleaded as respondents 9 and 10 in the appeal.

(3.) THE third defendant filed the written statement, as adopted by defendants 4 to 6 while the first and second defendants remained exparte. According to the third defendant while the relationship between the parties as stated, are admitted, it is denied that originally the properties belonged to Murugesa Gounder and his wife Annammal. It is also denied that Murugesa Gounder is the absolute owner of the properties. It is the case of the third defendant that some of the properties were purchased by her father Vengadapathy Gounder other than the properties which were purchased by Vengadapathy Gounder only the other properties were belonging to Murugesa Gounder. While it is true that Murugesa Gounder has given a settlement deed in favour of his wife Annammal, it is the case of the third defendant that the remaining properties have been given by Murugesa Gounder to Vengadapathy Gounder.