JAYARAMAN KOUNDER Vs. MALATHI, W/O GUNASEKARAN

JUDGEMENT

(1.) The appeal suit has been filed against the Preliminary Decree and Judgment passed in the partition suit filed by respondents 1 to 5 against the mother of the plaintiffs and 5th defendant, who is a subsequent purchaser.

(2.) The case of the respondents/plaintiffs before the trial Court is that the properties belong to Mr.Govindasamy Kounder and Ms.Thayakannammal and Mr.Purushothama Kounder, who is the son of the aforesaid two persons. Mr.Govindasamy Kounder purchased the residential house in his name. Ms.Thayakannammal purchased the residential properties in her name, which is shown as item No.1 in the suit schedule. Item No.2 in the suit schedule property was purchased in the name of Mr.Govindasamy Kounder and item Nos.3 and 4 of the suit schedule property were purchased in the name of Purushothama Kounder. After the death of Mr.Govindasamy Kounder, Mr.Purushothaman Kounder along with his sons, who are D2, D3 and D4 executed the sale deeds in respect of item Nos.2 to 4 in favour of the appellant/5th defendant. Thereafter, the amendment to the Hindu Succession Act came into force. Relying that the right accrue to the plaintiffs, the daughter of Mr.Purushothama Kounder and children of pre-deceased daughter filed Suit for partition against Ms.Lakshmi Ammal/mother and their brothers/defendants 2 to 4 and subsequent purchasers/5th defendant/appellant and Joint Registrar-1, Cuddalore. In the said Suit preliminary decree was passed. That has been challenged by the subsequent purchaser/5th defendant, before this Court.

(3.) Heard Mr.N.Suresh, learned counsel appearing for the appellant and Mr.K.Kumaresh Babu, learned counsel, for Mr.V.Balamurugane, learned counsel for R1 to R5.