JAISANKAR Vs. KALIAPERUMAL

JUDGEMENT

(1.) The unsuccessful defendant's son has filed this second appeal before this Court as against the concurrent findings of the Trial Court and the First Appellate Court.

(2.) The sum and substance of the case of the plaintiff is as follows: The appellant / defendant is the only son of the plaintiff and the plaintiff also have one daughter Poongodi.

(3.) The constituted members of a joint Hindu family is plaintiff, his father and his younger brother Ramalingam. They had ancestral properties and properties purchased from and out of joint family nucleus. After the death of plaintiff's father and mother, the plaintiff and his brother had divided the joint family properties by means of a registered partition deed dated 27.10.1986. In pursuance thereof, the sharers took possession of the respective items allotted to them. The house belonging to the joint family and the site were not divided under the document since they were orally divided. An extent of eight cents purchased in the name of the defendant, when he was a minor, was purchased by the funds provided by the plaintiff. Hence they were not divided.