CHENNIAPPAN Vs. VALLIAMMAL

JUDGEMENT

(1.) The 1st defendant in O.S.No.175 of 2004 is the appellant herein. The suit in O.S.No.175 of 2004 was filed by the plaintiffs therein seeking partition and separate possession of their 1/8th share in the suit properties.

(2.) According to the plaintiffs, the suit properties are ancestral properties of their father M.Rangasamy, who died on 03.04.1969, leaving behind his wife Kuppayammal, the plaintiffs, the 2nd defendant daughter and the 1st defendant son. The mother Kuppayammal died on 20.04.1993. Therefore, according to the plaintiffs, they would be entitled to 1/8th share each in the suit properties.

(3.) The suit was resisted by the 1st defendant contending that the deceased Kuppayammal had bequeathed her share in the properties to him and therefore the plaintiffs cannot claim a share as legal heirs of Kuppayammal. As regards the claim of the plaintiffs' partition of the estate of Rangasamy, the defendants would contend that the suit is actually barred by limitation. He would also contend that the right from the date of death of Rangasamy, that is, 03.04.1969, the 1st defendant alone has been in exclusive possession of the properties to the knowledge of the plaintiffs. The plaintiffs who are aware of the fact that the 1st defendant had exercised his right over the properties as the heir of Rangasamy, have slept over their rights for a period of 12 years and therefore, they are not entitled to partition.