D.KUPPAN Vs. PAPPAMMAL

JUDGEMENT

(1.) The defendant in the suit for partition is the appellant herein. The plaintiffs are the mother and sister of the defendant.

(2.) The case of the plaintiffs is that one Das Naidu, the husband of the first plaintiff and father of the defendant and 2nd plaintiff, owned the suit schedule property and died intestate during June 1979 leaving behind the plaintiffs and defendant as his legal heirs to inherit his properties. While so, after his marriage, the defendant started neglecting his mother and the 2nd plaintiff. When the plaintiffs sought for amicable partition of property, the defendant declined. Hence, the suit for partition seeking division of the suit properties by metes and bounds and allotment of ?rd share to each of the plaintiffs.

(3.) The defendant denied the claim of the plaintiffs on the ground that the suit properties are not self-acquired properties of Das Naidu, but it is his ancestral properties. However, the first plaintiff was paid Rs.60,000.00 and 20 soverigns of jewels in lieu of ? share in the suit property and with that money, the 2nd plaintiff has purchased property at Mannavadu Village. Therefore, the suit is not maintainable.