S AMUTHA Vs. A PALANIAMMAL (DIED)

JUDGEMENT

(1.) This first appeal has been preferred against the judgment and decree passed in O.S.No.53/04 dated 10.02.2005, on the file of the Additional District and Sessions Court (Fast Track Court) Dindigul.

(2.) For the sake of convenience both the parties will be referred to as they were before the trial court.

(3.) The brief facts of the case filed by the plaintiff is that the plaintiff has filed a suit in O.S.No.401 of 1999 for partition with regard to her 1/12 share in A,B and C schedule properties and directing the defendants 3, 7 and 9 to render true and correct account for the amounts realized by them from and out of the A,B and C schedule properties and all other income they have received as Managers, from 15.10.1992 to till date of effecting partition and directing such amount as due and payable to the plaintiff and to appoint an Interim Receiver for the management and for realization of income of A,B and C schedule properties. The plaintiff is the daughter of Late K.Andi Gounder. The 1st defendant is his wife and other defendants are her brothers and sisters. Andi Gounder was an Ex-service man and during his life-time, he purchased the suit schedule properties and was in possession and enjoyment of the same. On 15.10.1992, Andi Gounder died, leaving the defendants and the plaintiff as his legal heirs to succeed his estates. On 28.01.1985, marriage was solemnised between the plaintiff and M.Sundararaj. Since the husband of the plaintiff is working in Southern Railway, Trivandrum Division, they are living in Kollam. After the death of Andi Gounder, defendants 3, 7 and 9 took the management of the family business and properties. But the defendants 3, 7 and 9 not taking care of the plaintiff and other defendants and with a view to swindle the properties and misappropriate the income for their own benefit and with an evil motive had obtained a joined patta in their favour including the defendant No.6. Now the plaintiff came to know through her well-wishers about the steps taken by the defendants 3, 7 & 9 to convert the patta for other lands also in their favour and had taken steps to obtain a loan to the tune of Rs.50 lakhs from Karur Vysya Bank Ltd., for the purpose of constructing a Complex over the properties to the extent of more than 10 cents situate in the main road. When the plaintiff questioned about the same, she was driven out from the house with a severe warning. Hence, the plaintiff has come forward with the suit.