JEGADAMMAL (DIED) Vs. MUNUSAMY

JUDGEMENT

(1.) The unsuccessful Plaintiffs before both the Courts below, are the Appellants herein. They challenge the Judgment and Decree of the Trial Court in O.S. No. 39 of 1991 in dismissing the Suit, which had been confirmed by the Lower Appellate Court in A.S. No. 39 of 1997.

(2.) It is the case of the Appellants/Plaintiffs that the First Plaintiff is the wife of Thanja Gounder and the other two Appellants are the daughters of the First Plaintiff. The First and Second Defendants are the son and another daughter born to the First Plaintiff and Thanja Gounder. It is the case of the Plaintiffs that the entire properties belong to Thanja Gounder and they are self-acquired properties, and the said Thanja Gounder died intestate leaving behind the heirs, who are all parties in the Suit and that they are entitled to equal shares in the property. As the Defendants did not agree to the request of the Plaintiffs, claiming ? share in the Plaint Schedule property, after issuance of Lawyer's Notice, dated 19.11.1990, the Plaintiffs have approached the Trial Court for the relief of Partition and allotment of respective shares.

(3.) The contesting First Defendant contended before the Civil Court that his father Thanja Gounder died in the year 1955 leaving huge debts and that there was a House property mentioned in the Schedule and that the said property has been sold along with the other movable items in order to discharge the Loan and also for the performance of marriage of Third Appellant, namely the sister of the First Defendant.