RANI Vs. SUBRAMANI

JUDGEMENT

(1.) The plaintiffs are the appellants before this Court. The appeal arises against the Judgement and Decree dismissing the suit filed by the plaintiffs for a partition and separate possession of their 70/135th share in the suit schedule properties. The genealogy herein below is being given for ease of understanding the relationship between the parties.

(2.) The plaintiffs, as seen from the genealogy tree are the wife and daughters of elder son of Govindasamy Naidu one late Kuppusamy. The defendants 1 to 4 are the siblings of Kuppusamy and other children of Govindasamy Naidu and Janaki Ammal. It is the case of the plaintiffs that the suit properties are the ancestral joint family properties of Govindasamy Naidu. The case of the plaintiffs was that the 1st plaintiff had contributed the Gold that she had got at the time of her marriage to her father~in~law for developing the joint family property. Kuppusamy, his father and his brother Subramani were enjoying the said properties and that the defendants 2 to 4 were married giving them dowry befitting their status.

(3.) It is the case of the plaintiffs that the suit schedule properties were being enjoyed only by Kuppusamy, his father Govindasamy Naidu and brother Subramani, the 1st defendant herein. Govindasamy Naidu was managing the property as a Kartha till his life time. Kuppusamy had predeceased his father and on the death of Govindasamy Naidu as well, the 1st defendant tried to cheat the plaintiffs of the suit properties.