VALLIAMMAL Vs. LAKSHIAMMAL

JUDGEMENT

(1.) APPEAL preferred against the judgment and decree dated 24.9.99 passed in O.S.No.152 of 1986 by the Subordinate Judge, Namakkal.This appeal is focussed as against the judgement and decree dated 24.09.1999 passed by the learned Subordinate Judge, Namakkal in O.S.No.152 of 1986, which is one for partition of the suit property and for mesne profits.

(2.) TERSELY and briefly, pithily and precisely, the case of the plaintiff as stood exposited from the averments in the plaint, the recitals in the documents and the submissions made by the learned counsel for the plaintiff, would run thus:-(a) One Narayana Gounder and his wife Nanjammal (D1) gave birth to four children, namely, Lakshmi Ammal(D2), Muthaya Ammal(P1), Ramasamy Gounder(D3) and Valliammal(P2). D4, D5 and D6 are the sons of D3-Ramasamy Gounder.(b) The suit properties are the self-acquired properties of the deceased Narayana Gounder. Consequent upon his death on 17.05.1984, his legal heirs, the plaintiffs and defendants 1 to 3 were entitled to 1/5th share each. Accordingly they were enjoying the suit properties jointly.(c) Thereafter, the plaintiffs sought amicable partition, which evoked no positive response. The legal notice failed to pave the way for amicable partition. But, on the other hand, it evoked untenable reply from the defendants as though D3 became the absolute owner of the suit properties by virtue of the 'Will' executed by the deceased Narayana Gounder. Upon the death of Narayana Gounder's wife, each of the plaintiffs is entitled to - th share.

(3.) D6 filed the written statement buttressing and fortifying the stand of D3.