SUNDARI ALIAS SUNDARAMBAL Vs. JAYAPATHI AMMAL

JUDGEMENT

(1.) THIS appeal is against the judgment and decree dated 19. 8. 1985 in O. S. No. 3 of 1983 on the file of the Subordinate Court, Villupuram in and by which, the learned Subordinate Judge, after analysing the evidence of both found that the Plaintiff is not entitled to suit claim and dismissed the suit while decreeing the suit for a sum of Rs. 13052. 50 only. The present appeal is filed by the plaintiff against the part dismissal.

(2.) THE brief facts of the case are as follows: the plaint 'a' , 'b' and 'c' schedule properties belonged to one Vengatasamy Reddiar, father-in-law of the plaintiff. Vengatasamy Reddiar, his sons viz. , defendants 2 to 4 and the plaintiff's husband constitute a joint Hindu family and there was no partition in the family. Vengatasamy Reddiar died in 1981. At the time of his death, the plaintiff's husband was entitled to 8/35 share in the suit properties.

(3.) THE plaintiff has got a son by name Sundararajan. He suddenly died in the year 1980. He is also entitled to 4/35 shares in the share of the plaintiff's husband. After the death of the child, the plaintiff became the heir of the child. Plaintiff's husband died on 23. 12. 1981. On his death, the plaintiff is entitled to 2/35 shares and the first defendant is entitled to 2/35 shares. So the plaintiff in total is entitled to 6/35 shares in the suit properties. The plaint 'a' schedule properties were sold to defendants 7 and 8 for a sum of Rs. 1,02,000/ -. The entire amount was kept by plaintiff's father-in-law. After his death, defendants 2 to 4 are having the amount by depositing the same in the bank. The plaintiff is entitled to 6/35 shares in the amount and the plaintiff demanded the amount by notice. The defendants gave a reply stating that the amount was already divided among the sharers. Further in the sale deed, the amount was mentioned as Rs. 54,500/ -. After the filing of the suit, the Defendants 1 to 3 purchased 'b' schedule items 16 to 23 out of the sale amount of 'a' schedule properties. The first defendant purchased on 12. 3. 1983 'b' schedule 16th item for a sum of Rs. 9,000/ -. The second defendant purchased 'b' schedule items 7 to 15 and third defendant entered into a sale agreement regarding 'b' schedule items 16 to 23 for a sum of Rs. 22,500/- and a sum of Rs. 2,500/- has been deposited in O. S. No. 7 of 1984. The 4th defendant purchased in the name of his wife viz. , the 11th defendant 'b' schedule items 24 to 28. The plaint 'b' schedule 5th item did not belong to 4th defendant independently. The plaint 'e' schedule jewels were given to the plaintiff at the time of her marriage. In 1981, the 9th defendant received the jewels stating that they are required for pledging for the family expenses of Vengadasamy Reddiar. Those jewels were not so far returned. The plaintiff's husband was working as a conductor in the 10th defendant corporation. He is having some amount mentioned in 'd' schedule with the 10th defendant. This plaintiff as a heir of her husband is entitled to the 'd' schedule amount. The joint family amounts have been deposited in Pondicherry Indian Bank and other Banks and they are shown as 'c' schedule. Hence the suit.