KUMARASAMY Vs. PATTIGOUNDER ALIAS PATTULINGAM

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree dated 11. 07. 1989 made in O. S. No. 60 of 1984 on the file of the third Additional subordinate Judge, Coimbatore in and by which the learned Sub Judge after analyzing the evidence in depth came to the conclusion that the plaintiff is not entitled to the suit claim and accordingly dismissed the suit.

(2.) FOR convenience, the parties are referred as arrayed in the suit.

(3.) THE settlement deed of the ancestral and joint family properties in its entirety is totally void. Especially the plaintiff, the first defendant being minor co-parceners, and they could not validly give any consent. THE settlement being void ab-initio, the plaintiff and the first defendant being the only male co-parceners are entitled to the entire property. THE plaintiff is entitled to 1/2 share and the first defendant is entitled to the other half share.