M SUBRAMANIA MUDALIAR Vs. K SANKARAN

JUDGEMENT

(1.) THE defendants 2, 4 and 5 who were non-suited both by the Trial Court as well as by the First Appellate Court have preferred the present second appeal.

(2.) THE first respondent/plaintiff filed the suit for partition of 'a', 'b', 'c', 'd', 'e', 'f' and 'g' Schedule properties into 64 equal shares by metes and bounds and allot 20 such shares to the plaintiff. The plaintiff also prayed for delivery of possession of his divided share and for mesne profits. The second respondent remained absent. As no steps were taken for respondents 3 and 4, the appeal was dismissed as against them.

(3.) THE plaintiff has contended in the plaint that Murugesa Mudaliyar, the paternal grandfather of the plaintiff and his sons Krishnasamy Mudaliyar, Subramania Mudaliyar and Srinivasa Mudaliyar constituted a joint Hindu family. The property described in the 'a' Schedule are the ancestral joint family properties. 'a' Schedule properties are income yielding. There is an annual income of Rs. 7000/- from the joint family property. Out of the income from the joint family ancestral nucleus, 'b' Schedule property was purchased by the joint family in the name of the sixth defendant, who is the widow of Murugesa Mudaliyar, 'c' Schedule property in the name of the second defendant, who is the son of Murugesa Mudaliyar, 'd' Schedule property in the name of the third defendant, who is the other son of Murugesa Mudaliyar, 'e' Schedule property in the name of fourth defendant, who is the wife of the said Subramania Mudaliyar and 'f' and 'g' Schedule properties in the name of the fifth defendant, who is the son of Subramania Mudaliyar. The joint family alone has been in possession and enjoyment of the said properties. The defendants 2 to 6 had no independent means to purchase the aforesaid properties. They were never in possession of the said properties in their individual capacities. The eighth defendant, is the purchaser of the joint family property. Therefore, the plaintiff pray for partition of the joint family properties and allot 20/64 shares to the plaintiff.