KUMARASAMY GOUNDER Vs. KUMARATHAL ALIAS GANDHIMATHI

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant.

(2.) The case in brief is as follows :-

(3.) The 1st defendant filed a written statement, denying the averments in the plaint. The plaintiff's father along with his brother purchased the property under registered sale deed 20-10-1948. The allegation that she is the kept concubine of the father of the plaintiff is highly mischievous and defamatory. She is the legally wedded second wife of late Samiyappa Gounder. The plaintiff is the son of the first wife of late Samiyappa Gounder, She is entitled to half right in the property. The first wife of Samiyappa Gounder died about 30 years age and Samiyappa Gounder also died 25 years back. After the death of Samiyappa Gounder the 1st defendant and the plaintiff divided the property into two equal shares and she was allotted to northern area measuring about 2.79 acres and the plaintiff was allotted to southern side. Ever since the date, they are enjoying the properties separately and kist was also paid separately. The plaintiff insisted her to settle her share in his favour after the lifetime and as she refused, the suit has been filed. She has already filed a suit for permanent injunction, restraining the defendant in O.S. No. 218/82 and it has been suppressed.