KUMARASAMY Vs. SUMATHI

JUDGEMENT

(1.) The defendants 1 and 8 are the appellants herein. The plaintiff filed the suit for partition and preliminary decree.

(2.) The case of the plaintiff/respondent is that all the suit properties are originally belong to one Sitha Gounder who died long back. The Sitha Gounder had one son/Palaniappan Gounder and three daughters. Palaniappan Gounder married second defendant/Rajammal, through her he got one daughter/Perumayee/D3 and one son/Kumarasamy/D1. The first defendant/Kumarasamy married D7/Kaveriammal mother of the plaintiff. During the lifetime of Kaveriammal and the first marriage was in existence, Kumarasamy married one Sudha the mother of the 8th defendant as second wife. Since, the marriage with the first wife/Kaveriammal is in existence the marriage of Kumarasamy with Sudha is void and therefore, the 8th defendant is not a legitimate child. The 8th defendant is not coparcener, during the lifetime of Kumarasamy. The said Palaniappan Gounder, father of the first defendant and husband of the second defendant died on 29.12.2004. During the lifetime of Palaniappan Gounder he executed a Will in favour of the 8th defendant in respect of the "C" Schedule property. There was a dispute between the Kumarasamy/first defendant and Kaveriammal/7th defendant, thereafter, Palaniappan Gounder and Kumarasamy executed a sale deed in favour of the 7th defendant/Kaveriammal in respect of the "B" Schedule Property on 23.10.1986. Insofar as the "C" Schedule property is concerned, since it is an ancestral property the Palaniappan Gounder and Kumarasamy are each entitled to 1/2share. The plaintiff herein is the only daughter of the first defendant/Kumarasamy she is entitled to 1/4share in the "C" schedule property.

(3.) The case of the defendants 1 and 8/appellants is admitted that properties originally belongs to Sitha Gounder father of the Palaniappan Gounder died in 65years before, the Palaniappan Gounder has got one son/Kumarasamy/D1 and one daughter/Perumayee/D3. Kumarasamy married the 7th defendant/Kaveriammal as first wife and there was a dispute between the 1st defendant and the 7th defendant. The 1st defendant married Sudha as his second wife, through her 8th defendant/Ranjith Kumar was born. The dispute between the defendants 1 and 7 were settled in the presence of panchayatars, Palaniappan and Kumarasamy settled the "B" Schedule property in favour of the 7th defendant/first wife of Kumarasamy as final settlement and deposited a sum of Rs.50,000/- in favour of the plaintiff's on 07.05.1987, towards her marriage expenses. Since the Palaniappan Gounder and Kumarasamy settled the property in "B" schedule in favour of 7th defendant/Kaveriammal and the 7th defendant is in possession and enjoyment of the "B" Schedule property, therefore, the Palaniappan Gounder executed a Will in favour of the 8th defendant. Hence, the defendants prays that the plaintiff is not entitled to any partition.