RAMACHANDRAN AND ORS. Vs. KALIAPERUMAL AND ORS.

JUDGEMENT

(1.) Unsuccessful plaintiffs in O.S. No. 221 of 1979 on the file of Subordinate Judge, Chidambaram, are the appellants in the above appeal. The case of the plaintiffs as seen from the plaint averments is briefly stated hereunder : One Vadamalai had 3 sons by name Narayanasamy, Chinnasamy and Rajamanickam. He had left 5 acres of nanja land and 15 acres of punja land for the joint family. The said ancestral property as well as the properties subsequently acquired are shown in 'A' schedule. Narayanasamy died 50 years ago leaving his son Sarangapani. Sarangapani also died in the year 1976. The wife and his children are the plaintiffs in the above suit. The other son of Vadamalai, viz., Chinnasamy died in or about 45 years ago leaving Adhimoolam and Kaliaperumal. Adhimoolam also died in the year 1977 leaving his wife and 3 sons and two daughters. Adhimoolam's wife viz., Pattu Animal is the third defendant. Since the first son of Adhimoolam predeceased his wife, Palani is impleaded as 8th defendant. The other two sons, namely, Kirubakaran and Panchamoorthy are impleaded as defendants 4 and 5, daughters are impleaded as defendants 6 and 7, The minor children of pre -deceased Parimalam are impleaded as D -9 and D -10. It is contended that the last son of Vadamalai, namely, Rajamanickam, after demise of his two brothers, namely, Narayanasamy and Chinnasamy was looking after the joint family property as manager. He purchased number of properties from and out of the earnings of the joint family property. The said Chinnasamy, who is the manager of the joint family is impleaded as first defendant and after his demise, his daughters were impleaded as defendants 11 and 12. Even though there was a partition in the year 1916, considering the benefit from the joint family, the 3 sharers re -united in the year 1920 and all of them were enjoying the properties as joint family properties. Hence the plaintiffs are entitled 1/3rd share from the joint family properties for which they filed the present suit.

(2.) Even before filing written statement, the first defendant died.

(3.) Second defendant filed a separate written statement wherein he virtually supported the case of the plaintiffs.