N.MURUGESAN Vs. NANJAMMAL

JUDGEMENT

(1.) A.S.No.327 of 2010 has been filed against the dismissal of O.S.No.175 of 2002, which is a suit for partition and A.S.No.486 of 2010 has been filed against the dismissal of O.S.No.2229 of 2004, which is a suit for demarcation, permanent injunction and for mandatory injunction, directing the defendant to remove the newly put up construction. The plaintiff in both the suits is one and the same person namely Murugesan.

(2.) The claim of the plaintiff in O.S.No.175 of 2002 is as follows:-

(3.) The suit was resisted by the defendants, who are the second wife and the daughters through the second wife, contending that the suit properties are not ancestral properties of Nanjappa Gounder. According to them, Nanjappa Gounder was working in M/s. Kaleeswara Mills, Coimbatore. The suit 'A' schedule property was purchased by him, from his own funds. The suit 'B' schedule property was purchased by the first defendant out of the sale proceeds of her jewels in the year 1961 and therefore, the plaintiff cannot claim any share in the suit 'B' schedule properties. Even with reference to suit 'A' schedule property, the defendants had contended that the plaintiff had filed an earlier suit in O.S.No. 823 of 1965, seeking partition and separate possession of his ? share in the suit 'A' schedule property and a preliminary decree came to be passed on 209.1966, declaring that the plaintiff is entitled to ? share. Subsequently, the Sister of the plaintiff viz., Saraswathy, who was the second defendant in the said suit, filed an application for passing of final decree in I.A.No.69 of 1967. During the pendency of the said application, Kandasamy, son of Nanjappa Gounder, through his first wife, died unmarried on 08.02.1967.