PERAMAYEE Vs. GURUVAYEE

JUDGEMENT

(1.) THE second defendant is the appellant. THE first respondent filed suit O.S.No.791 of 1989 before the District Munsif's Court, Erode, for partition and separate possession of her l/8th share in item 1 and l/4th share in item 2 of the suit properties on the following averments: THE third respondent and the first respondent were the daughters of the second respondent through once Kolandasami Gounder and the appellant was the daughter of Kolandasami Gounder through his first wife Vellayammal. Vellayammal died about 48 years prior to the suit and Kolandasami Gounder married the second respondent as his second wife. Under the original of Ex. A-1 dated 14.7.1972 Kolandasami Gounder bought suit item 1 in the joint names of himself and the second respondent for Rs.2,400. THE second respondent was entitled to one half share and in the balance one half, the first respondent, the third respondent and the appellant along with the second respondent would each be entitled to l/8th share. THE suit second item was purchased under the original of Ex.A-2 on 27.5.1958 by Kolandasami. Each of the parties would be entitled to 1/4th share in suit item 2. Kolandasami Gounder died in February, 1988. THE demand for partition made by the first respondent and the appellant was not responded. THE suit was therefore necessitated.

(2.) THE appellant, who was the second defendant in the suit, resisted the claim on the following averments:

(3.) IN support of his contention's the learned counsel relied on the following decisions: