CHINNASAMI Vs. KALIAMMAL

JUDGEMENT

(1.) The second defendant in O.S.No. 352 of 1992 on the file of the Subordinate Judge, Sankari having suffered a decree for partition and separate possession of the plaintiffs' 2/4th share at the hands of the courts below has come up with this second appeal.

(2.) The suit was laid by the respondents 1 and 2 herein claiming that the suit properties belonged, absolutely, to their father Thirumalai Gounder who died in 1986 leaving behind his wife, his 2 daughters, the plaintiffs, and two sons, the defendants. Pavayee wife of Thirumalai Gounder died on 02.06.1991. Thus according to the plaintiffs being class I heirs of Thirumalai Gounder, they are entitled to 2/4th share in the suit properties. Since the defendants who are sons of Thirumalai Gounder evaded the request of the plaintiffs for partition, the plaintiffs had come forward with the above suit.

(3.) The first defendant remained ex parte. Second defendant contested the suit claiming that the suit properties are ancestral properties of Thirumalai Gounder and as such the plaintiffs are not entitled to equal share as claimed by them. It was also contended that the sale deed dated 30.05.1948 executed by Sellammal daughter of Ramaswamy Gounder and sister of Thirumalai Gounder is a sham and nominal document without any consideration and only to effect a partition. It is the further claim of the second defendant that the plaintiffs had relinquished their rights after receiving Stridhana as per the caste custom and therefore they are not entitled to seek partition. It is the further contention of the second defendant that the defendants having been made parties to the partition dated 01.12.1955 are entitled to 1/3rd share each and their father Thirumalai Gounder is entitled to only 1/3rd share under the said partition deed. It was also contended that the defendants 1 and 2 have partitioned the properties even during the life time of Thirumalai Gounder under Ex.A7 dated 28.02.1972. On the above contentions the second defendant sought for the dismissal of the suit.