KARUPPANNA GOUNDER Vs. SUBRAMANIAN

JUDGEMENT

(1.) The plaintiff in OS. No.30 of 2007 has come forward with this appeal, challenging the dismissal of the suit for partition in respect of the suit two items alone.

(2.) The suit properties, comprising of two items, according to the plaintiff, belonged to one Muthu Gounder @ Nachimuthu Gounder, who died about 40 years prior to the filing of the suit leaving behind the plaintiff and his elder brother Ramasami Gounder. The said Ramasami Gounder died on 30.11.2005 leaving behind the defendants 1 to 3. The 3rd defendant Nallammal wife of Ramasamy died on 16.03.2007 pending the suit. According to the plaintiff the suit properties belonged to Muthu Gounder @ Nachimuthu Gounder, and after the death of said Muthu Gounder @ Nachimuthu Gounder, there is no partition between the brothers though they were enjoying the properties separately as per convenience and having separate Mess. Therefore, the plaintiff claimed a half share in both the items of the suit properties.

(3.) The said suit was resisted by the 1st defendant, son of Ramasami Gounder contending that the suit first item belonged to Muthu Gounder @ Nachimuthu Gounder, and the second item belonged to his father Ramasami Gounder absolutely in view of Ex.B1 which is draft patta issued by the Natham Settlement Officer. He would further contend that there was a partition between the brothers about 30 years ago and therefore the plaintiff is not entitled to any share in the suit properties.