MEENAKSHISUNDARAM Vs. SUNDARAVALLI

JUDGEMENT

(1.) The third defendant in O.S.No.165/2010 is the appellant. The said suit was filed by the first respondent/plaintiff seeking partition and separate possession of her 1/7th share in the suit properties.

(2.) According to the plaintiff, the suit properties belonged to one Ramasamy Mudaliar who had purchased the same from and out of his own income. The said Ramasamy Mudaliar died on 07.05.1976, and his wife Deivanai also died on 06.09.2008. Ramasamy Mudaliar had 5 sons and 3 daughters. The first daughter Padmavathy died issueless during 1982, leaving behind her husband Lakshmanan. The said Lakshmanan died subsequently. Therefore, according to the plaintiff, she would be entitled to 1/7th share in the suit properties.

(3.) All the defendants, except the third defendant supported the case of the plaintiff. The third defendant filed a written statement admitting that Ramasamy Mudaliar was the purchaser of the suit properties, that they are self acquired properties of Ramasamy Mudaliar and that he died intestate. The deaths of one of the daughters viz., Padmavathi and her husband were also admitted. One of the sons of Ramasamy Mudaliar-Sundararajan died in 1999, and his wife Manoranjitham was impleaded as 6th defendant.