MUTHUKUMARA SWAMY & ORS. Vs. VALLIAMMAL

JUDGEMENT

(1.) The legal heirs of the deceased second defendant is the appellant herein.

(2.) The respondent herein Valliammal, W/o.Thangavel Pillai filed a suit in O.S.No. 50 of 1995 against her husband Thangavel Pillai as first defendant and his elder brother Govindasamy Pillai arrayed as a second defendant sought for relief of partition of the suit property herein Item Nos. 1 to 17 and seeking the share of ?rd share in the suit property.

(3.) The plaint proceeds on the basis that the marriage between the plaintiff and the first defendant Thangavel Pillai was solemnized 45 years before the institution of the suit and they were no issues and after 20 years of their marriage, she gave birth to her son by name Sivasubramanian and the said child died, when he was 1? years old. Thereafter, he was living with first defendant and due to the misunderstanding arose between the plaintiff and first defendant, she moved back to her parents home and she filed a suit for partition on the ground that the suit properties are ancestral property in nature having devolved upon the first defendant in the oral partition between the defendants, the suit properties were allotted to the share of the first defendant-husband and son was born and dead and hence, the plaintiff and the predeceased son and the first defendant, are entitled to one share each and accordingly, sought for the decree of ?rd share in the suit property.