D SARASWATHI Vs. MANICKAM ARUMUGAM

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and Decree in A.S.No.46 of 2004 dated 30.11.2005 on the file of the Principal District Judge, Dharmapuri reversing the judgment and Decree dated 27.2.2004 in O.S.No.186 of 1993 on the file of the Subordinate Judge, Dharmapuri, Plaintiff is the appellant in the present second appeal.

(2.) FOR the sake of convenience, the parties are referred to as per their rank before the trial Court.

(3.) THE second defendant was unemployed and was maintained by his father and he was running a petty shop besides managing the family properties for and on behalf of other co-shares and he was also cultivating small pieces of adjoining lands. Defendants 3 and 4 as well as deceased son of Manickam Chettiar by name Sundaresan were working in different capacities and they were also using the said income for the maintenance of the family. With the funds so provided, mango and coconut trees were raised in the said property. THE property was jointly owned by all the co-sharers and 2nd defendant has been managing the same. However, 2nd defendant did not distribute the income between the sharers but on the other hand, he appropriated the entire income for himself and purchased property in his name as well as in the name of his wife. THE 2nd defendant also unauthorizedly sold some of the Items of joint property without permission from the co-owners and out of the sale consideration and income from the joint family, he purchased some property in his name as well as in his wife-s name. All such acquisitions were included in schedule III. Since they have been purchased out of the income from the schedule property, the plaintiff has laid the suit for partition and separate possession.