VISALAKSHI AMAL Vs. CHELLIAH PILLAI

JUDGEMENT

(1.) THE appeal is against the judgment and decree of the court of the Subordinate Judge, Tiruchirapalli, is O.S.No.69 of 1977. THE plaintiff is the appellant.

(2.) THIS is a suit for partition and separate possession and for accounts. The plaint averments are briefly as follows: The A schedule to the plaint is the genealogical table. One Mookka Goundar had two sons by name Perianna Gounder and Arunachala Goundar through his predeceased first wife Chellayeeammal. There was an oral partition among him and his sons in which the B schedule properties were allotted to the father Mookka Goundar. THIS oral partition was confirmed by a registered deed dated 19-8-1928. Subsequently the said Mookka Goundar wanted to marry one Kamakshi Ammal as his second wife and executed in her favour a premarital settlement on 7-7-1928, settling the B schedule properties on her. She was to enjoy the properties without any power of alienation and if she died issueless then the properties would revert back to the settlor Mookka Gounder and his heirs. Mookka Goundar married Kamakshi Ammal and begot two children both of whom died early in their lives. The C schedule properties were subsequently acquired by Mookka Goundar and were his separate properties. Mookka Gounder died in or about 1939. Of the two sons of Mookka Gounder through his first wife i.e. Perianna and Arun-achala, the latter Arunachala died in 1934 leaving behind his widow the plaintiff herein as his sole heir. Perianna Gounder died in 1971. The first defendant is his son, the second defendant is his daughter and the third defendant is another predeceased daughter's daughter. The second wife of Mookka Goundar died on 22-2-1975. Thereafter, the plaintiff has filed the suit for partition and separate possession of her half share in the B and C schedule properties as heir to her father-in-law Mookka Goundar. According to her, she is entitled to a half share as a heir to her husband Arunachala Goundar while the defendants 1 to 3 are entitled to the other half as heirs to Perianna Goundar. She also claimed accounts from the first defendant.

(3.) THE third defendant accepted the plaintiff's claim and contended that on the death of Kamakshi Ammal the plaintiff was entitled to a half share and the other half share of the suit properties belonged to the defendants 1 to 3. She had no objection for the partition in favour of the plaintiff and she also paid court-fee for partitioning her share.