D R VENKATASAMY NAIDU DIED Vs. ANUSHAYA DEVI

JUDGEMENT

(1.) The unsuccessful first defendant is the appellant. The first defendant died after filing the second appeal and tne second appellant was added as legal heir.

(2.) The case in brief is as follows: The plaintiffs filed a suit for partition and separate possession of 1/5th share in the property. The suit properties originally belonged to one Bangarammal and she died in 1967. The plaintiffs and defendants 1 to 11 are the legal heirs. They enjoyed the property in common. The plaintiffs are entitled to 1/5th share, first defendant is entitled to l/5th share. Defendants 2 to 9 are entitled to 1/5th share, defendants 10 and 11 are entitled to 1/5th share. The plaintiffs also sent notice calling upon the first defendant to effect partition, but it was not effected. Defendants No. 12 is the wife of the first defendant. Now it appears that the first defendant had executed a settlement deed in favour of defendant No. 12. Defendants 13 to 17 are tenants in the property.

(3.) Defendants 1, 12, 13, 15 to 17 resisted the suit stating that the suit property belonged to the first defendant. He had executed a settlement deed in favour of defendant No. 12. The first defendant alone had purchased the property benami in the name of his mother Bangarammal. For the last 34 years, the first defendant-alone was enjoying the property and he had spent more than Rs 40,000 towards improvement. Bangarammal had no means to purchase the property and she had also executed a Will in 1966 in favour of the first defendant. The notice sent by the plaintiffs have been suitably replied.