S JEYAKUMAR Vs. THULASIAMMAL

JUDGEMENT

(1.) Vacant land admeasuring 2 acres and 70 cents comprised in S.No.1624/1 in Meelavittan village, Thoothukudi Circle in Thoothukudi Registration District is the subject matter of the instant second appeal. This property as described in the plaint schedule reads as follows : jgrpy;

(2.) Suit property was purchased by one Venkata Krishnappa Naicker from one Sangammal and others vide registered sale deed dated 21.10.1938 (Ex.A.1). Venkata Krishnappa Naicker died in 1972 leaving behind 4 daughters and 1 son. Son is Perumal Naicker and 4 daughters are Ponnammal, Rengammal, Thulasiammal and Lakshmiammal. Post demise of Venkata Krisnnappa Naicker in 1972, a registered partition deed dated 29.8.1974 (Ex.B.2) came to be executed. In Ex.B.2, there were four parties. One party is Venkata Krishnappa Naicker's son Perumal Naicker, the other (party No.2) is his first cousin Rengasamy Naicker being son of Ponniah Naicker, who in turn is brother of Venkata Krishnappa Naicker, party No.3 is Venkata Krishnappa Naicker's daughter Lakshmiammal for herself and for her minor son Selvaraj (party No.4). To be noted, three daughters of Venkata Krishnappa Naicker were left out and were not parties to Ex.B.

(3.) Be that as it may, under Ex.B.2, suit property fell to the share of Rengasamy Naicker. Thereafter, more than six years later, to be precise on 27.11.1980, the three left out daughters, i.e., Ponnammal, Rengammal and Thulasiammal filed a suit for partition being O.S.No.276 of 1980 on the file of Sub Court, Tuticorin. Immediately thereafter, on 26.12.1980, Rengasamy Naicker, Perumal Naicker and Lakshmiammal conveyed the suit property to one Raja Singh, vide registered sale deed dated 26.12.1980 (Ex.B.3). To be noted, the aforesaid suit was represented and numbered on 06.12.1980.