AMMASIAMMAL Vs. M. KARUPPANNAN

JUDGEMENT

(1.) The plaintiffs in OS.No.71 of 2008, a suit for partition are the appellants. According to the plaintiffs, the suit properties belonged to one Muthu Gounder who died leaving behind his wife Ammasiammal, two daughter viz., Silambathal and Pachaiammal and one son Karuppannan. It is also claimed that Silambathal died leaving behind one son K.Rajamanickam. The wife, the daughter of Muthu Gounder and the son of Silambathal viz., Ammasaimammal, Pachaiammal and K.Rajamanickam are the plaintiffs. The first defendant Karuppannan is the son of Muthu Gounder and defendants 2, 3, and 4 are his children.

(2.) According to the plaintiffs, the suit 'A' Schedule property was allotted to Muthu Gounder in the partition that took place in 1940 between Muthu Gounder and his brothers. The suit 'B' Schedule property was purchased by the said Muthu Gounder on 09.10.1948. It is also claimed that the father of Muthu Gounder, Chennmalai Gounder and Muthu Gounder died intestate. Therefore, the plaintiffs would claim that they are entitled to 3/4 share in the suit properties.

(3.) The said suit was resisted by the defendants contending that the properties are ancestral properties of Muthu Gounder. According to the defendants, the said Muthu Gounder died prior to 1956, therefore, the first defendant as sole surviving coparcener become entitled to the entirety of the property.