THANDAVAN Vs. RAMASAMY (DECEASED)

JUDGEMENT

(1.) The appeal is filed by defendants 1 to 4 & 6 in the suit filed for partition. The case of the plaintiff is that one Thanappa Gounder had three sons by name Periya Ramasamy, Ellappan and Chinna Ramasamy, they divided the family property in the year 1945 and were living separately. The plaintiff is the son of Periya Ramasamy, through his first wife Muniayamma. After the death of Muniamma, Periya Ramasamy married one Chinna Muniamma and through her, he had five sons and three grand daughters born to his predeceased-Ramasamy son.

(2.) Chinnathambi and Thanappan, who were sons of Periya Ramasamy born through his second wife predeceased their father. Periya Ramasamy died leaving behind his second wife Chinna Muniamma, the plaintiff, (first wife son) and defendants 1 to 6 (who are the two sons born through the second wife/7th defendant, Muthammal-wife of predeceased son and her three daughters). Till 1983 the plaintiff was getting the share from the family property but thereafter the defendants stopped paying his share and therefore, suit for partition by metes and bounds claiming half share in the suit schedule property.

(3.) The defendants contested the plaint on the ground that the plaintiff is not the son of Periya Ramasamy. Plaintiff is a stranger to the property and even otherwise, the properties shown in the suit schedule are not properly described. Further, item Nos.2 and 4 of the 'A' schedule property are self-acquired properties of 7thth defendant purchased through Ex.B.1 and item Nos.2 and 3 of 'B' schedule property are self-acquired properties of 7thth defendant purchased through Ex. B Therefore, the plaintiff can have no claim over those properties. If at all the plaintiff has any claim as a legal heir of Periya Ramasamy, he is entitled for only 6/35 shares in the rest of the properties.