SANGODAI AMMAL Vs. ARUMUGHA KONE

JUDGEMENT

(1.) THE unsuccessful Plaintiffs in O.S.No,30 of 1986 on the file of Sub-Court, Tiruvannamalai are the Appellants in this Appeal.

(2.) FOR the sake of convenience, the parties shall be referred to as they were arrayed before the Court below.

(3.) ACCORDING to the Plaintiffs, the son of the First Defendant namely Gopalakrishnan married the First Plaintiff herein according to Hindu rites and customs ten years before institution of the Suit and out of the wedlock, three children have born, however, one son namely Sivakumar, who was born on 7.12.1977 died on 08.07.1983. The other two children are arrayed as Plaintiffs 2 and 3 in the Suit. Since the said Sivakumar was the then only son of the First Defendant, on his death, his 1/2 share out of 1/3rd share has to be diveded into 1/6 share among the Plaintiffs. The said Gopalakrishnan died intestate on 21.01.1984 leaving behind his undivided 1/6th share in the Suit A, B and C schedule properties to be equally inherited by Kannu Ammal, Second Defendant Sangothai Ammal, First Plaintiff Minor Malar, Second Plaintiff and Minor Kalaichelvi, Third Plaintiff, being the wife, daughters and mother of Gopalakrishnan respectively. Thus, each of them succeeded to 1/24 share in the suit properties. Therefore, the Plaintiff put together are entitled to 7/24 share in all the suit properties. Similarly, the First Defendant is entitled to 1/3rd share (8/24 share) and the Third Defendant is also entitled to 1/3rd share (8/24 share) in all the Suit properties.