B. SELVI AND ORS. Vs. KANAKAVALLI AND ORS.

JUDGEMENT

(1.) As against the concurrent findings of the Courts below the present Second Appeal came to be filed. The suit has been laid by the Plaintiffs for dividing the suit property into 18 equal shares and allot 7 shares to them. The trial Court has granted 1/8 shares together to the plaintiffs, which was confirmed by the First Appellate Court. Against which the present appeal has been filed.

(2.) The suit property was originally purchased by one Raju Naicker on 3/6/1959. The said Raju Naicker died in the year 1969 leaving his only son Jaganathan. Jaganathan died on 30/11/1991 leaving behind his wife Indhirani, sons R.J.Boopathy and Harikrishnan and daughters Kanagavalli, Lakshmikantha and Thirupurasundari. According to the Plaintiff, in the suit property Jagnathan and his sons Bhoopathi and Harikrishnan had undivided 1/3rd share as members of Hindu joint family. On the death of the Jaganathan his 1/3rd undivided share was succeeded to by his widow Indirani and all his five children each taking 1/18th undivided share. After the demise of Harikrishnan his 7/18th share was succeeded to by his widow and children viz., the plaintiffs. Defendants 4 to 6 submitted that the suit property is absolute property of Raju Naicker. After his death his only son Jaganathan had become the absolute owner of the property. After the death of Jaganathan, his legal heirs are legally entitled to the property. It is the contention of the 4th Defendant that the Defendants 4 to 6 have purchased the property from the Defendants 1 to 3 and their mother Indirani and they are the bonafide purchasers of the property.

(3.) The trial Court found that the Plaintiffs are entitled 1/8 share in the suit property. The First Appellate Court also confirmed the decree and judgment of the trial Court, against which the present Second Appeal came to be filed.