C B BHASKARAN Vs. C D RAJALAKSHMI

JUDGEMENT

(1.) This civil suit had been filed to pass a judgement and decree, against the Defendants:-

(2.) It had been stated in the plaint that the Plaintiffs are the children of late C.N.Balakrishna Pillai, who died intestate on 16.4.1961, leaving behind him, his three sons, (1) C.B.Dhanakoti, (2) C.B.Rukmangathan and (3) C.B.Bhaskaran and three daughters, viz. (1) C.B.Kamala, (2) C.B.Sarojini and (3) C.B.Dilly as his legal heirs. The mother of the Plaintiffs C.B.Vedavalli died on 30.9.1955 and one of their sisters, C.B.Kamala died on 5.2.2008 as a spinster. It had been stated that the said legal heirs had entered into a deed of partition on 4.7.1969, registered as Document No.713 of 1969 in the Office of the Sub Registrar, Triplicane, in which, the front portion of the property at New Door No.26 (Old Door No.1), Thiru-vi-ka Road, Royapettah, Chennai-14 was allotted to C.B.Dhanakoti, measuring 2341 sq.ft and the rear portion of the same bearing New Door No.28 (Old Door No.1), Thiru-vi-ka road, Royapettah, Chennai-14, measuring 1 ground and 634 sq.ft. which is the suit property, was allotted to C.B.Rukmangathan.

(3.) It had been further stated in the plaint that the said C.B.Rukmangathan had left the home as a bachelor and his whereabouts were not known till date and he was reported as missing in the paper publication issued in the Times of India dated 4.2.1976 and that since for the last three decades, whereabouts of C.B.Rukmangathan are not known, he is presumed to be dead under Section 138 of the Evidence Act. Hence, the Plaintiffs and the Defendants are entitled to succeed the property allotted to C.B.Rukmangathan in the said partition deed. It had been stated that only after publication, C.B.Dhanakoti entered into possession and enjoyment of the same till his demise on 16.2.1996. After his demise, the Defendants 1 to 4 continued to be in possession of the suit property till date. It had been stated that C.B.Dhanakoti and C.B.Rukmangathan were carrying on the business of hiring furniture under the name and style of C.N.Balakrishna Pillai and Company as a partnership concerned and after them, the Defendants have been carrying on the said business under the name and style of C.N.Balakrishna Pillai and Sons in the suit property. The possession of the Defendants of the suit property as well as the said business, are on their behalf also since they are co-owners. The possession of the suit property by the Defendants were never adverse to their interest at no point of time. Claiming their respective shares, the Plaintiffs sent a legal notice dated 25.4.2014 to the Defendants, however, there was no reply. In such circumstances, this civil suit has been filed for the reliefs as stated above.