VALLIATHAL Vs. P DURAISAMY

JUDGEMENT

(1.) THE Appellants/Plaintiffs have filed the instant appeal before this Court as against the Judgment and Decree dated 02.11.2004 in O.S.No.20 of 2004 passed by the Learned Additional District and Sessions Judge (Fast Track Court No.3), Dharapuram. THE Plaint Background:

(2.) THE Appellants/Plaintiffs 1 and 2 are the sisters of the 1st Respondent/1st Defendant. THEy are the only daughters of Late.Palanisamy Gounder. THE 1st Respondent/1st Defendant is the only son of Late.Palanisamy. THE 2nd Respondent/2nd Defendant is the minor son of the 1st Respondent/1st Defendant.

(3.) THE Appellants/Plaintiffs' father viz., Palanisamy Gounder and the 1st Respondent/1st Defendant died intestate on 21.12.2002, leaving the Appellants/Plaintiffs and the 1st Respondent/1st Defendant and his wife Chellammal as his only Legal Heirs. THE Appellants/Plaintiffs 1 and 2 and the 1st Respondent/1st Defendant and Chellammal became entitled to 1/4th share each in all the properties that belonged to Palanisamy Gounder on his death on 21.12.2002. After the death of Palanisamy Gounder, the Appellants/Plaintiffs, the 1st Respondent/1st Defendant and Chellammal were in joint possession and enjoyment of the suit properties which originally belonged to Palanisamy Gounder.