T.V. RAVIKUMAR Vs. SHRISUDHARSANA

JUDGEMENT

(1.) The defendants 1 and 2 are the appellants. The respondent as a minor had filed the suit for partition claiming ? share in the suit properties. The suit properties originally belonged to the joint family of Thangavel Gounder and the 1stst defendant. The Tangavel Gounder died in 1990. The 1stst defendant had married the next friend of the plaintiff on 02.09.1990 and they lived together at Pollachi. The plaintiff was born during the said wedlock on 23.11.1995.

(2.) According to the plaintiff, the 1stst defendant had tortured and sent her and her mother out of the matrimonial house. Hence they were living with her maternal grand parents at Erode. The 1stst defendant had also sought for divorce from the mother of the plaintiff. According to the plaintiff, the suit A-schedule properties are vast income yielding properties. According to the plaintiff though the B-schedule properties stand in the name of 2nd defendant namely, the mother of 1stst defendant and wife of Thangavel Gounder, it was claimed that she had no separate income and as such those properties are also joint family properties. On the above contentions, the plaintiff claimed that she and the 1stst defendant are entitled to ? share each and the 2nd defendant is entitled to 2/8 share.

(3.) The suit was resisted by the 1stst defendant contending that the custody of the next friend of the minor plaintiff itself is illegal and he had already filed a petition for custody of the minor plaintiff in O.P.No.110 of 1997 before the Trial Court. It was further contended that the property belonged to Thangavel Gounder. It was further contended that the family properties were partitioned by a registered partition deed dated 11.09.1968 and as per the said partition, suit A-schedule properties were allotted to Thangavel Gounder, the father, suit B-schedule properties were allotted to the 1stst defendant and suit C-schedule properties were allotted to the 2nd defendant Muthulakshmi.