K S ANANTHANARAYANAN Vs. S VAIDY

JUDGEMENT

(1.) THE plaintiff is the appellant.

(2.) THE appellant as plaintiff had filed the suit o. S. No. 1676/97 on the file of the II Additional City Civil Court at Madras, for partition and separate possession of his 1/6th share in the suit property, praying for a preliminary decree. It is the case of the plaintiff that his father Late K. M. Subramaniam had purchased the suit property, under a registered sale deed dated 11. 1. 1950. THEreafter, according to the plaintiff, his father was enjoying the same, being in possession, till he died intestate, in the year 1977.

(3.) THE 9th defendant, in her separate written statement, has taken the specific stand, that the suit property is the self acquired property of late K. M. Subramaniam, who is employed in Binny and Co. It is the further case of the 9th defendant, that since K. M. Subramaniam died intestate, all the class-I heirs of late K. M. Subramaniam including his daughters are entitled to equal share in the properties left by him. THErefore, according to her, the plaintiff is not entitled to 1/5th share.