N. MANICKAM Vs. R. SARASWATHI

JUDGEMENT

(1.) The plaintiff, who lost before both the Courts belowin a suit for partition, is the appellant herein.

(2.) The brief facts are that the suit property to the extent 1710 sq.ft. was originally purchased by Nallakumara Gounder. He had one son by name Karumana Gounder. His wife purchased another extent of 462 sq.ft. on 15.09.1930. Nallakumara Gounder died and Karumana Gounder died on 24.04.1968 and his wife Nallammal died in the year 1987 respectively. Thus the suit property is the total extent of 2172 sq.ft., over which, a residential house stands as of now. Karrmana Gounder had two children by name Ramasamy and Ponnammal. Ramasamy died on 24.09.1996 leaving behind his wife Saraswathi - third defendant and a daughter and son R.Veeralakshmi and R.Nallakumar/defendants 4 and 5. His another son died in 2002 as unmarried. The plaintiff is the son of Ponnammal, who died in the year 195 Defendants 1 and 2 are the other daughter and son of Ponnammal. Defendants 6 to 8 are also the legal heirs through Ponnammal.

(3.) The suit has been laid by the plaintiff on two grounds. According to the plaintiff, the deceased Ramasamy had first wife by name Sorna @ Sornathal (since deceased). From her, he has purchased an extent of 271 sq.ft. in the suit property. The remaining share is claimed by the plaintiff, being the legal heir of Ponnammal. Secondly, the claim has been made based upon the Will alleged to have been executed by the deceased Karrmana Gounder in his favour. This is an unregistered Will. There is no other witness who speaks about the Will except one, who though put himself for chief examination, did not turn up for cross-examination and therefore, even that was eschewed by the trial Court. From the pleadings, it is seen that the plaintiff has claimed the suit property as the one purchased by Nallakumara Gounder from the joint family income in the name of the deceased Nallammal. After the second purchase in the name of the deceased Nallammal, both the properties have been clubbed and jointly enjoyed.