PALANIKUMAR PILLAI Vs. PALANIKUMAR PILLAI AND ORS.

JUDGEMENT

(1.) A score and a year ago, the foundation for the present appeals was laid by the institution of a suit for partition in the Court of the Subordinate Judge, Tirunelveli. The sixth defendant in the suit is the appellant in both the appeals while the plaintiffs are the respondents.

(2.) IT is better to have the genealogy of the family to which the parties belong in order to appreciate the facts comfortably hereunder:

(3.) CONTINUING the narrative, the III Schedule was allotted to Subbiah on condition that he should pay a sum of Rs. 214 to each of the other six sons of Palanikumar Pillai by way of owelty on the footing that the value of the III Schedule property which is a small house with some appurtenant land was Rs. 1,500. There was a partition arrangement under a deed dated 26.10.1942 between Subbiah Pillai and his sons by the second wife on the one hand and the appellant herein on the other with reference to the properties allotted to Subbiah Pillai in the compromise decree in O.S. No. 50 of 1925. The present suit properties were not subject -matter of that partition as Ponnammal was alive. Subbiah Pillai died in 1951 and Ponnammal died on 17.8.1966.