JAYARAMACHANDRA IYER Vs. THULASI AMMAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiff in a suit for partition, and the only contest in this appeal is about the partibility of one item of the properties, namely, Item no. 1 of the A schedule, which was acquired in the name of the deceased husband of the first defendant under the sale deed Exhibit B-1, dated 20-61963. There were other items of properties scheduled to the plaint, and no dispute arises in this appeal regarding their partibility. As regards item No. 1 of the A schedule, it was held by the trial Court that it belonged to the husband of the first defendant, the deceased Dandapani Iyer, end that the property was his self-acquired property and not joint family property. The appeal by the plaintiff before this court having failed, he has come up before this court by way of letters Patent Appeal.

(2.) ON behalf of the appellant counsel contended that there was clear evi- dence available in the case about the existence of sufficient nucleus for the acquisition of item No. 1 of A schedule under Ex. B-1, sale deed. Before we deal with this aspect end the arguments advanced we would like to mention a few facts.

(3.) THE plaintiff is the brother of the deceased Dandapani Iyer. Both of them were married. The plaintiff had two sons and a daughter and Dandapani Iyer had five daughters and two sons. One of the daughters died after marriage. Dandapani Iyer was employed as an advocate's clerk and he was also doing job typing. The plaintiff was also employed as a clerk in a bank and he too was doing job typing. The extent of the income earned by these two persons is not known. Both the families were living in the same house which was bought under Ex. A-1. They were, however, having separate mess from 1956.