A SENNIMALAI GOUNDER Vs. E S SELAMBANAN

JUDGEMENT

(1.) All these appeals arise out of one suit namely OS.No.210 of 2011 on the file of the First Additional District Court, Erode. The said suit was filed by the appellant in AS. No.534 of 2015 seeking partition and separate possession of his 1/5th share in the suit properties.

(2.) The Trial Court had decreed the suit in respect of suit 'A' and 'B' schedule properties, while dismissing the suit in respect of the 'C' Schedule property Aggrieved by the said judgment and decree the 1st defendant in OS No.210 of 2011 has come forward with the appeal in As No.1005 of 2015 and the 2nd defendant in the said suit has come forward with AS.No.960 of 2015. The plaintiff has filed AS No.534 of 2015. The genealogy of the family is as follows:

(3.) According to the plaintiff, in a partition that took place between him and his brother Ganapathi Gounder on 06.02.1972, the suit A schedule property measuring about an extent of 13.5 acre was allotted to him. From and out of the income and out of the sale proceeds of the portion of the property allotted to him in the partition, the plaintiff had purchased the suit B Schedule property on 13.07.1979. On 02.06.1974 the plaintiff purchased item No.1 of the suit 'C' Schedule property again from and out of the income from the property allotted to him in the partition dated 06.02.1972, in the name of his two sons namely D1 and D2. The second item of the suit 'C' Schedule property was purchased by the plaintiff in the name of defendants 1 and 2 on 22.06.1974. The third item of the 'C' Schedule property was purchased by the plaintiff in the name of defendants 1 and 2 on 11.12.1981. The defendants 1 and 2 did not contribute any amount for the said acquisition. It is also claimed that they have no source of income.