CHADRAKANTHA Vs. RAJESWARI
LAWS(MAD)-2018-9-44
HIGH COURT OF MADRAS
Decided on September 03,2018

Chadrakantha Appellant
VERSUS
RAJESWARI Respondents

JUDGEMENT

- (1.)The Appeal Suit has been filed by the appellants/plaintiffs, who lost the case, seeking partition of the suit properties.
(2.)The case of the plaintiffs/appellants before the trial Court was that Item Nos.1 and 2 of the suit scheduled property "xxx" originally belong to Mr.Murugaiya Pillai, father of Mr.Vadivel Pillai and Shanmugam Pillai. After the death of Mr.Murugaiya Pillai, both the brothers enjoyed the properties jointly and thereafter out of the income derived from item Nos.1 and 2 of the suit schedule properties, properties in item Nos.3 to 7 of the suit schedule properties were purchased in the name of Mr.Thiyagarajan, who is the first respondent's husband and son of Mr.Vadivel Pillai. Eventhough, there was a partition deed entered into between Mr.Vadivel Pillai and Mr.Shanmugam Pillai on 05.11955, partitioning the scheduled item Nos.1 and 2, it was not acted upon and therefore, partition Suit has been filed, seeking partition of the properties, which have been stated in the schedule.
However, the defendants/respondents would submit that eventhough item Nos.1 and 2 of the suit schedule properties originally belong to Murugaiya pillai, after his death, item Nos.1 and 2 of the suit scheduled properties were partitioned, as per partition deed on 05.02.1955 and it was acted upon. Subsequent to Ex.B4-Partition deed, both Mr.Shanmugam Pillai as well as Mr.Vadivel Pillai purchased properties in their own names. Moreover, Mr.Shanmugam Pillai sold one of his properties to the management of Annai Velankanni Church in Velankanni by virtue of sale deed dated 21.05.1984, which was acquired under Ex.B4-partition deed, dated 05.12.1955. Item Nos.3 and 5 to 7 of the suit scheduled properties are self-acquired properties of Mr.Vadivel Pillai, who is the 1st respondent's father in law and item No.4 of the suit schedule properties was purchased by Mr.Thiyagarajan, who is the son of Mr.Vadivel Pillai and husband of the 1st respondent. Therefore the suit is not maintainable for partition.

(3.)Based on the pleadings, the trial court framed the following issues:
1.Whether the plaintiffs are entitled to claim partition of 1/2th share in the suit properties.

2.Whether the plaintiffs' predecessor late Shanmugam Pillai and the defendants' predecessor late Vadivel Pillai partitioned their family properties under the Family Arrangement dated 05.12.1955 as alleged by the defendants.

3.Whether the suit items No.3, 5, 6 & 7 are partiable properties between the plaintiffs and the defendants as claimed by the plaintiffs.

4.Whether the plaintiffs are estopped from claiming any share in the suit properties as alleged.

5.To what relief the plaintiffs are entitled"



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