GIRIJA ALIAS SHANMUGA EASWARI Vs. TMT SARASWATHI AMMAL

JUDGEMENT

(1.) THIS appeal is filed by the plaintiff as appellant against the judgment and decree dated 30.8.1983 made in O.S. No. 27 of 1982 on the file of learned Subordinate Judge, Periyakulam.

(2.) THE facts leading to the filing of the suit by the plaintiff against the defendants are as follows:- THE defendants 1 and 4 are the legally wedded wives of late V.M. Palaniappan Chettiar and the said marriages had taken place prior to 1948. THE plaintiff is the eldest daughter of late V.M. Palaniappan Chettiar through the 4th defendant, defendants 2 and 3 are two other daughters of late V.M. Palaniappan Chettiar through the first defendant. Late V.M. Palaniappan Chettiar amassed a good deal of wealth b y doing business in Automobiles and sales of cars and died on 22.1.1982 leaving his two wives and children born to them namely the plaintiff and defendants. THE heirs of Palaniappan Chettiar succeeded to his estate in equal shares. THE plaintiff is entitled to 1/4th share in the properties described in the schedule while the defendants 1 and 4 will get one such share as widows of Late V.M. Palaniappan Chettiar. Taking advantage of the absence of the plaintiff, the defendants are scheming to exclude the plaintiff to get a share in the suit properties. THE defendants 1 to 3 along with the husbands of defendants 2 and 3 are making every effort to secrete the movable properties like jewels, bank deposits and other movables worth about several lakhs of rupees. THE plaintiff, who is deemed to be in joint possession of the suit properties, has no other alternative except to come forward with the suit for partition. THErefore the plaintiff has claimed partition and separate possession of the suit properties in to 4 equal shares and to allot one such share to her, apart from deciding the future mesne profits to be paid to her under Order 20, Rule 12, C.P.C.

(3.) POINTS 1 to 3:- The plaintiff is the appellant, while the defendants are respondents in this appeal. The plaintiff Smt. Girija was examined as P.W.1 while the first defendant Smt. Saraswathi animal was examined as D.W.2 by the trial Court. Admittedly late V.M. Palaniappan Chettiar married Smt. Saraswathi ammal, the first defendant and has given birth to defendants 2 and 3. It is not in dispute that plaint A schedule property belonged to late V.M Palaniappan Chettiar. Though there was dispute with regard to the existence of items 1, 3, 4, 5 and 7, apart from disputing the right to seek partition with regard to items 4 and 6 of B schedule properties, the trial Court has come to the conclusion that the above said properties are in existence as belonging to late V.M. Palaniappan Chettiar, and that property will devolve on the heirs of late V.M. Palaniappan Chettiar. The above said conclusion of the trial Court was not seriously canvassed before this Court by the learned counsel appearing for the defendants 1 to 3. Therefore, this Court holds that plaint A and B schedule properties are properties of late V.M. Palaniappan Chettiar and that the above said properties will devolve on his heirs after his death on 22.1.1982 as seen from ExA.9 obsequies Card and Ex. A.10 death Certificate of V.M. Palaniappan Chettiar.