K RAVI Vs. K INDIRANI AMMAL

JUDGEMENT

(1.) This suit has been laid for partition of properties left behind by Kasthuri Mudaliar, who died on 16.12.1999.

(2.) The said Kasthuri Mudaliar left behind his wife Indirani Ammal, (1st defendant), 3 sons viz., Ravi (Plaintiff), Vadivelu (2nd defendant), Kumar (3rd defendant) and one daughter Nirmala (4th defendant). According to the plaintiff, the suit 'A' Schedule property is agricultural land, measuring about 60 cents, purchased by Kasthuri Mudaliar on 006.1981 and it is the self-acquired property of the said Kasthuri Mudaliar. The suit 'B' and 'C' Schedule properties were allotted to Kasthuri Mudaliar in a oral partition between him and his brothers and as such they are ancestral properties belonging to the family of Kasthuri Mudaliar. Insofar as the 'D' Schedule property is concerned, it is claimed by the plaintiff that Kasthuri Mudaliar had lease hold right to the land of an extent of 2340 Sq.ft. and he had put up constructions over the same and let it out to various persons. It is also stated that the plaintiff is residing in a portion of the suit 'D' Schedule property. Therefore, according to the plaintiff, he would be entitled to 1/5th share in all the properties.

(3.) The defendants 1 to 4 and 7 contested the suit. In the written statement filed by them, the following contentions are raised. The 7th defendant is the blood relative of the plaintiff and the defendants 1 to 4 and she is the neighbour of the family of the plaintiff and the defendants 1 to 4. It is averred that the plaintiff as son of Kasthuri Mudaliar got separated from the family and has been living in a portion of the property in 'D' Schedule separately for the past 18 years.