SAYAMMAL Vs. RAJAMMAL

JUDGEMENT

(1.) THE above appeal suit is directed against the judgment and decree dated 30.9.1987 made in O.S.No.271 of 1983 by the Court of Subordinate Judge, Coimbatore, thereby partly allowing the suit instituted by the first respondent herein against the appellants and 40 others, for partition of all the suit properties falling under three items and allotting her 1/7th share in the suit properties and putting her in separate possession of such divided share and for costs.

(2.) THE plaint averments of the suit as framed by the first respondent herein in the trial court are that the plaintiff's father was one Krishnaswamy Naidu and her mother is the first defendant and defendants 2 to 4 are her brothers and defendants 5 and 6 are her sisters; that the suit properties were the self-acquired properties of her father, who died intestate on 18.9.1966 leaving behind him herself and defendants 1 to 6 as his legal heirs; that the plaintiff and defendants 1 to 6 are in common enjoyment of the suit schedule of properties, without any division and in the year 1978, quarrel arose among sharers to that extent as to become incapable of enjoying the suit properties in common any more. But the defendants 1 to 4 with the able assistance of defendants 5 and 6 and without the knowledge of the plaintiff held a partition among themselves and the same is not binding on the plaintiff and the defendants 1 to 4 have transferred the land portion to defendants 7 to 44 and those transfers are by way of sham and nominal sales effected in the years 1981 and 1982 and this has been done without the knowledge or notice to the plaintiff, who is entitled to a definite 1/7th share in the entire suit properties, and as such the partition and the sale held by defendants 1 to 6 are invalid and hence the suit.

(3.) THE defendants 5 and 6 in their written statements also claimed 1/7th share in all the suit properties, very like the plaintiff, thereby alleging that all the suit properties were the self-acquired properties of late Krishnaswamy Naidu.