MALARKODI Vs. SUBBAIYAN (DIED)

JUDGEMENT

(1.) Aggrieved by the judgment and decree dated 18.03.2013 made in A.S.No.51 of 2012 on the file of the II Additional District Court, Erode, confirming the judgment and decree dated 08.02.2011 made in O.S.No.52 of 2006 on the file of the I Additional Sub Court, Erode, the plaintiffs are before this Court by way of the present Second Appeal.

(2.) It is seen that the 1st respondent/Lakshmi is the wife of the deceased respondent/Subbaiyan and respondents 2 to 6 are their children. The 1st appellant/Malarkodi is the wife of the 4th respondent/Loganathan and appellants 2 and 3 are their children. The 7th respondent is the mother of respondents 8 and 9. Respondents 11 and 12 are husband and wife and the 10th defendant is their son-in-law. The deceased respondent/Subbaiyan and one Karuppanan are the sons of one Ayee Aandi. The said Karuppanan died long before leaving behind his wife, the 7th respondent herein and children, respondents 8 and 9. Ayee Aandi also died long before intestate. His wife Nallammal died intestate. One of the sons of the deceased respondent/Subbaiyan and the 1st respondent, viz. Velliangiri and his wife also died intestate, issueless. The 1st respondent herein, being Class I heir of the said Velliangiri, inherited his share.

(3.) It is the case of the 1st appellant that the 4th respondent demanded dowry from her and drove the appellants from their house. She has further stated in the plaint that Ayee Andi had ancestral properties at Kanagapuram and Kondavanaickenpalayam Villages and the same are arrayed as 'A' schedule properties. Out of the income derived from the suit 'A' schedule properties, the deceased respondent/Subbaiyan purchased Item 1 of 'B' schedule properties under a registered Sale Deed dated 26.02.1986. Thereafter, constructions were made thereon. Item 2 of 'B' schedule properties was also purchased out of the income derived from suit 'A' schedule properties.