MUTHAIYAN Vs. POONGOTHAI

JUDGEMENT

(1.) The second defendant in O.S. No. 51 of 2007 on the file of the Additional District Judge, Pondicherry @ Karaikal is the appellant in this appeal. The said suit was filed by the plaintiff/first respondent herein for a preliminary decree of partition. By the Judgment and Decree dated 21.04.2010, the trial court held that the plaintiff/ first respondent herein is entitled to 1/5 share except in respect of the items 7, 8, 11, 14 and 15 of the Plaint 'A' schedule property and also 1/5 share in the B Schedule Properties by applying Coromandal Law, which was in force by then in the Union Territory of Puducherry. The trial court also held that the first defendant/ second respondent herein, who is the mother of the plaintiff and second defendant, is entitled to right of residence in the 1st item of the A Schedule mentioned property and after her death, the plaintiff and defendants shall effect division of the said item of the property equally.

(2.) The appellant in this appeal is the second defendant in the suit. The first respondent in this appeal is the plaintiff, who instituted the suit. The second respondent in this appeal is the first defendant in the suit and she is the wife of late. Ramasamy Mudaliar/mother of the plaintiff and second defendant/appellant herein. The respondents 3 to 10 in this appeal were arrayed as defendants 3 to 10 in the suit. Respondents 3 and 4 in this appeal are the wife and minor son of the deceased brother of the first defendant/appellant. Respondents 6 to 8 are the Manager of the respective Banks where the deceased Ramasamy Mudaliar had deposited some amount in the form of fixed deposit. The ninth respondent is the Head Postmaster of Karaikal Head Post Office where the deceased Ramasamy Mudaliar was maintaining a savings bank account. The tenth respondent in this appeal is the purchaser of item No. 7 and 11 of the suit properties from Ramasamy Mudaliar when he was alive.

(3.) For the sake of convenience, the parties shall be referred to as per their rank in the suit.