PACKIYAM AMMAL Vs. PATTU AMMAL

JUDGEMENT

(1.) Plaintiffs in O.S. No. 308 of 1981, on the file of Sub Court, Vridnachalam, are the appellants herein.

(2.) One Muthappa Udayar had two sons and a daughter, by name Chinnadurai, Subramania Udayar and Pattu Ammal. Muthappa Udayar died in 1965 leaving behind his widow Pakkiyam Ammal two sons daughter named above. Chinnadurai died in 1968 issueless and unmarried. The suit for partition was filed by the widow of Muthappa Udayar as first plaintiff and the wife of Subbmania Udayar and his children born in that marriage, as plaintiffs 2 to 4. Subramania Udayar is the first defendant and Pattu Ammal, daughter, is the second defendant. First plaintiff claimed half share and second plaintiff claimed 5/24 share in the property, and they wanted all the plaint schedule items to be divided by metes and bounds. In the B Schedule, there are 11 items of immovable properties. It is alleged in the plaint that all the items belong to the joint family of Muthappa Udayar, and after the death of Muthappa Udayar first defendant came into management of the same. 'C' Schedule items are movables. A claims as also made by third plaintiffs that he is entitled to get future maintenance from first defendant, i.e., her father. A further claim made that first defendant was bound to contribute for the marriage of third plaintiff. Plaintiffs claimed past mesne profits, and also future mesne profits to be decided under O. 20, R. 12, C.P.C.

(3.) First defendant remained ex parte, and the contest was mainly by alienees. It may not be out of place to state that there is also allegation in the plaint that the first defendant has borrowed huge amounts from third parties and the debts are not binding on the share of plaintiffs, and the creditors should be presented from realising the amount from the share of plaintiffs. The main reason for making such an allegation was that the debates were incurred for illegal and immoral purposes. It is alleged that the first defendant was keeping a concubine and he was a drunkard and the family was never benefited under his management as he was a spendthrift.