K ETHIRAJAN Vs. LAKSHMI

JUDGEMENT

(1.) By judgment dated 11-7-1996 passed in Second Appeal No. 649 of 1987, the High Court of Madras has reversed the concurrent findings recorded in the judgments of the Courts below and dismissed the suit preferred by deceased-plaintiff, K. Ethirajan (now represented in this appeal by the appellants as his legal representatives) for partition of the suit property consisting of a house and land appurtenant to it described as T. S. No. 71/2 area 3.0536 grounds in village-Ayanavaram, Taluk-Madras extended area, District-Madras (Tamil Nadu).

(2.) It is not in dispute between the parties that the suit properties were owned by widow-Gangammal. Deceased K. Ethirajan (the original plaintiff) was Gangammals sisters son and was allowed to occupy a portion of the suit properties since before coming into force of The (Tamil Nadu) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (hereinafter referred to as an Act of 1948).

(3.) The widow-Gangammal died in the year 1939. The deceased-M. Gurunathan, the original defendant (represented in this appeal by his legal representatives as respondents) claimed right to the suit properties by inheritance claiming relationship with Gangammal as son of her husbands brother. Claiming title to the suit properties by inheritance, he had filed a suit O.S. No. 530 of 1948 (decided on 27-6-1949) against the step-brothers of Gangammal describing the latter as in unlawful possession of the suit property. He obtained a decree of possession against the step-brothers of Gamgammal in the said suit. The deceased-original plaintiff K. Ethirajan, who was sisters son of Gangammal and in occupation of the portion of the suit property was not a party to the said suit O.S. No. 530 of 1948 which was decreed on 27-6-1949.