R.RAMANATHAN Vs. R.KANNAN

JUDGEMENT

(1.) The sole defendant in O.S.No.171 of 1998 on the file of the Subordinate Court, Sivagangai is the appellant.

(2.) The suit was filed by the plaintiffs/respondents herein seeking partition and separate possession of their 2/3rd share in the suit property. According to the plaintiffs, the 1st item in suit 'A' schedule property belonged to one Rajamani Pillai, father of the first plaintiff and the defendant. The suit 2nd item was purchased by the Rajamani Pillai. The plaintiffs would contend that the Rajamani Pillai, who was doing vegetable vending business in Sivagangai, died in the year 1955 when the defendant was aged about 15 years, the husband of the second plaintiff, the father of the plaintiffs 3 to 6, namely, Rajeswaran, was aged about 9 years, the first plaintiff namely, Kannan who is the third son was born 6 months after the death of Rajamani Pillai.

(3.) The plaintiffs would further contend that the vegetable business carried on by Rajamani Pillai was continued by the defendant, being the eldest son and the other two sons namely, Rajeswaran and the first plaintiff joined him in the said business at a later point of time. Because of the joint efforts of the three sons, the vegetable business wan run profitably and the suit properties were purchased out of the income from the said business. It is their further contention that the Rajamani Pillai sold item No.1 of the suit schedule property in the year 1953 under Ex.B2 to one Muruga Thevar. The said sale deed is a sham and nominal document executed to provide security for vegetable business. Muruga Thevar on 21.05.1961 re-conveyed the said property under Ex.B3. The sale deed was taken in the name of the defendant.