PREMA SURYANARAYANAN Vs. S. VENKATARAMAN

JUDGEMENT

(1.) The plaintiffs who were the daughters of one Sambasivam who died intestate on 05.11.1971 have come forward with the present suit seeking partition and separate possession of their 2/5th [1/5th each] share in the suit property. The brief averments in the plaint are as follows:

(2.) The Suit property belonged to one Sambasivam, the father of the Plaintiffs, Defendants 1 and 2, father-in-law of the 3rd Defendant and grandfather of the 4th Defendant. The said Sambasivam died intestate on 05.11.1971 leaving behind his wife Jayalakshmi, three daughters viz., Prema - 1st Plaintiff, Meenakshi - 2nd Plaintiff, Subbalakshmi who died in 1990 and two sons viz., Venkataraman - 1st Defendant and Rajaraman - 2nd Defendant. According to the Plaintiffs, Jayalakshmi W/o. Sambasivam died intestate in 1998. Therefore, according to the Plaintiffs, the Plaintiffs and the Defendants 1 and 2 would each be entitled to 1/5th share and the remaining 1/5th share of Subbalakshmi would devolve on the Defendants 3 and 4 being her husband and only son. On the above averments the Plaintiffs seek a Preliminary Decree for Partition of the Suit properties. It is also claimed that the 1st Defendant being the eldest son is in possession of the properties.

(3.) The 1st Defendant filed a written statement resisting the Suit contending that there was an Oral Partition between the parties in 1993 and according to the said Oral Partition, the Suit property which is the only immovable property left behind by late Sambasivam was agreed to be taken by the two sons. It is also claimed by him that Sambasivam when he died was carrying on business as Railway contractor and he had left lot of contract works incomplete. Therefore, the 1st Defendant being the eldest son had to give up his studies to take over the business.