RAMACHANDRAN DIED Vs. BALASUBRAMANIAM

JUDGEMENT

(1.) FIRST defendant is the appellant.

(2.) THE averments in the plaint are as follows: THE suit property belonged to Seeni Ammal who died intestate in the year 1969 leaving the defendants 1 to 8 and the plaintiff as her legal representatives. THE first defendant is her son. Plaintiff and the second defendant are the children of annalakshmi Ammal one of the deceased daughter of Seeni Ammal. Defendants 3, 7 and 8 are the daughters of Seeni Ammal. Defendants 4 to 6 are the children of ramu Ammal another deceased daughter of Seeni Ammal. THE second defendant is the wife of the first defendant. THE plaintiff and other defendants were having regard and respect for the first defendant. THE first defendant was residing in item No. 3 of the suit properties and was managing item Nos. 1 and 2. He was paying the due share of the income from those properties to the plaintiff and defendants 3 to 8. THE plaintiff is entitled to 1/12th share. THE defendants 1, 3, 7 and 8 are entitled to 2/12th share. Second defendant is entitled to 1/12th share while the defendants 4 to 6 are entitled to 2/12th share. THE first defendant had sold 17 cents of item No. 1 of the suit properties to defendants 9 to 11, who are aware of the right of the plaintiff and other co-sharers. THE sales in their favour are not binding on the plaintiff. THE plaintiff demanded a partition and separate possession of his 1/ 12th share by issuing notice. THE first defendant has sent a reply stating that Seeni Ammal has gifted the properties to him during her lifetime and he is in enjoyment of the same. Hence, the suit.

(3.) AGGRIEVED over the same, the first defendant has come forward with this appeal.