SINGARAM ALIAS VELAYUDHA UDAYAR Vs. SUBRAMANLAM

JUDGEMENT

(1.) DEFENDANTS 1 to 3 in O. S. No. 484 of 1976 on the file of the Sub-Court, Salem are the appellants herein. The respondents 1 and 2 herein filed the said suit for partition and separate allotment claiming 5/12th share in the suit property. They put forth their claim for partition on the ground that the suit property belongs to one Karuppa Udayar and his sons Nainamalai and Velayutham as joint family property. After the death of the said Karuppa Udayar, his two sons Nainamalai and Velayutham are entitled to have equal share in the suit property. The first plaintiff in the suit is the son of Nainamalai and the second plaintiff is his widow. The third defendant is the wife of Karuppa udayar who is entitled to l/3rd share.

(2.) THE defendants 1 to 3 contested the suit stating that nainamalai married one Pappathiammal, the fourth defendant in the suit as his second wife and got a son through her by name Arunachalam, the fifth defendant in the suit. Since the defendants 4 and 5 are also entitled for a share out of the share of Nainamalai, the plaintiffs are not entitled for the share as they claimed in the plaint.

(3.) AGAINST the judgment of this Court, an appeal was preferred before the Supreme Court in Civil Appeal No. 459 of 1999. By order dated 1. 2. 99 the Apex Court has allowed the appeal on the ground that the second defendant was a purchaser from the defendants 4 and 5 and as such it cannot be said that he had no locus standi to maintain the second appeal. It is open to him to demonstrate that his vendors had legal title to convey the property to him and hence the question of law framed in the second appeal has to be answered and accordingly the appeal was remitted for fresh disposal and the same is listed.