K.S. SANTHALINGAM Vs. MEENAKSHI AMMAL AND ANR.

JUDGEMENT

(1.) THE plaintiff is the appellant and he is related to the defendants as shown below:

(2.) CHOCKALINGA father of the plaintiff, died after the institution of the suit but before he filed his written statement. Kothandapani and Chockalinga inherited from their father, Srinivasa, two items of lands described in Schedule I to the plaint. Item 2 measuring 1 acre 27 cents is a punja which was sold away by Kothandapani under Exhibit A -12 on 11th August, 1941 ; Item No. 1 is a wet land measuring 40 cents. In the year 1905, Kothandapani entered service in the Southern Railway as a fitter at the Egmore Railway Station. To start with, his pay appears to have been Rs. 25 per month. Chockalinga entered services as a painter in the Southern Railway at Chingleput in about 1915. His starting pay appears to be about Rs. 15 per month. He got Railway quarters at Chingleput and both the brothers with their wives lived as members of an undivided family in that quarters. Kothandapani appears to have returned home every day after attending to his work at Egmore. The plaintiff was born in about 1917. When the brothers were living together, item 1 and 2 of Schedule II were purchased in the name of Kothandapani under Exhibit B -1 dated 5th December, 1914, for a sum of Rs. 262. Item 3 of the Schedule (which is now a house) was purchased as a site in the name of Kothandapani under Exhibit B -2 on 25th March, 1930, for Rs. 250 and the construction was put up subsequently. Plaint Schedule III consists of 7 items of lands. Of these, items 1 and 2 were purchased in the name of Chockalinga under Exhibit B -3 on 25th June, 1939, for Rs. 105. The remaining items in that schedule were purchased in the name of Chockalinga under Exhibit B -4 on 26th October, 1942, for Rs. 700. Kothandapani retired from service in the year 1934, and at that time he got provident fund of Rs. 1,800. Chockalinga, the first defendant, retired from service in August, 1942 and he received a sum of Rs. 1,500 as provident fund.

(3.) THE plaintiff, who is employed as a fireman in the Southern Railway, instituted the suit alleging inter alia that the properties described in Schedule II were acquired in the name of Kothandapani with joint family funds as he happened to be the manager of the joint family at that time, that likewise, the properties described in Schedule III were obtained in the name of Chockalinga with joint family funds when he happened to be the manager of the joint family and that he was entitled to half share in all the plaint schedule properties. On the death of Chockalinga during the pendency of the suit, the plaintiff got the plaint amended and stated that be was entitled to 1/3 rd share in the half share that belonged to his father and that thereby he was entitled to 2/3rd share in all the plaint schedule properties.