MUTHUSAMY Vs. S.KALIAMMAL

JUDGEMENT

(1.) The 1st defendant, who suffered a decree for partition and separate position of ⅙th share in the items 1 to 3 and ⅓rd share in Item 4, is the appellant.

(2.) According to the plaintiff, the suit properties belonged to joint family consisting of her farther Ramasamy Gounder and 1st defendant Muthusamy. The said Remasamy Gounder died on 02.09.1988 leaving behind his wife Maruthakkal, two daughters Kaliammal (senior) & Kaliammal (junior) and 1st defendant, being the son. The plaintiff would claim that all the four items of properties belonged to the said joint family and seek partition and separate possession of her ⅓rd share in the suit properties.

(3.) The suit was resisted by the 1st defendant contending that not all the properties were joint family properties. According to the 1st defendant, Items 1 to 3 were admitted to be the joint family properties. The 4th item, as per the plaint, comprised of five sub-items. The 1st defendant would claim that the 4th item consists of only three sub-items; though the extent of property in the 4th item was only 6.01 acres. The 1st defendant would claim that an extent of 2.20 acres in S.Nos.435 & 440 and an extent of 1.34 acres in S.No.475/2 were purchased by him out of his own income under two sale deeds dated 10.09.1972 (Ex.B.11) and 20.04.1981 (Ex.B.12). Insofar as 2.47 acres in S.Nos.472 & 437/1, the 1st defendant would contend that the said property belonged to his mother Maruthakkal and she had executed a settlement under Ex.B.13 dated 14.11.1984, thereby settling the said property in favour of the 1st defendant. Therefore, according to the 1st defendant, the plaintiff is not entitled to any share in the 4th item of the properties.