MARAKKAL Vs. S.G. KANNAPPAN(DIED)

JUDGEMENT

(1.) The appellants are the legal representatives of defendants 3 to 5 in the suit filed for declaration, partition and injunction. To declare that the plaintiffs are entitled for 1/2 share in the 'A' schedule property; partition by metes and bounds in the 'A' schedule property and permanent injunction in respect of 'B' schedule property.

(2.) One Oor Ranga Naikkar had two wives. Through his first wife Marakkal he had a son by name Periya Ranga Naikkar. Through his second wife Palaniakkal, he had a son by name Chinna Nayakkar and daughter by name Palaniammal. During the life time of Oor Ranga Naikkar, the suit property bearing S.No.172, in Periya Koduvari Village, Sathyamangalam Sub-Division, Coimbatore District, to an extent of 1.41 acres, in total extent of 49 acres was purchased by his second wife Palaniakkal on 24.06.1938.

(3.) The said property is now the subject matter of the second appeal. Smt. Palaniakkal is the first defendant in the suit. Her daughter Palaniammal is the second defendant. The case of the plaintiffs is that, the first defendant purchased 'A' schedule property out of her Sridhana and own income and enjoying it absolutely. On 12.09.1979 she sold the property to her daughter Palaniammal, the second defendant. A month later, on 12.10.1979, Palaniammal sold the property to the plaintiffs S.G.Kannappan and T.Ranga Naikkar and the 7th defendants S.Rajaiyan jointly. The plaintiffs and the 7th defendant thus entitled for ? share each in common. On 7.2.1980, out of his ? share, the first plaintiff sold ? share to the 2nd defendant and remaining ? share to the 8th defendant. Later, he repurchased the ? share sold to the second plaintiff. Thus, the plaintiffs are jointly in possession and enjoyment of share in the 'A' schedule property.