VALLIAMMAL Vs. MUNIYAPPAN

JUDGEMENT

(1.) THE unsuccessful first plaintiff has preferred this Second Appeal against the judgment and decree, dated 9. 1. 2008, passed in A. S. No. 60 of 2006 on the file of I Additional District Judge, Erode confirming the judgment and decree, dated 28. 4. 2006, made in O. S. No. 122 of 2003 on the file of Subordinate Judge, Bhavani.

(2.) THE plaintiffs i. e. , the appellant and the eighth respondent herein filed the suit seeking for a decree directing the division of the suit properties into six equal shares and allot two such shares jointly to them and put them in separate possession of their shares. The case of the plaintiffs is that the defendants 2 to 4 are their sisters and the first defendant is their brother and the suit properties belonged to their father by purchase through sale deed dated 7. 3. 1960 and they are his self-acquired properties and he died intestate about 30 years prior to the filing of the suit leaving them as legal heirs and they are in joint possession and enjoyment of the suit properties and each is entitled to 1/7 share.

(3.) THE first defendant filed written statement admitting the relationship, but has stated that the suit properties were purchased by their father in his name out of the funds realised by sale of the jewels belonging to their mother and after his death, their mother executed a Will dated 24. 7. 1992 bequeathing the properties in favour of the son viz. , the first defendant and he is in exclusive possession and enjoyment of the suit properties.