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1972 Supreme(Mad) 32

ISMAIL, PALANISWAMY
Tirupurasundari Ammal – Appellant
Versus
Srinivasam Pilial – Respondent


Advocates:
T.K. Subramania Iyer and M.V Krishnan, for Appellants; S. Pichai, V. Sridevan, G. Masilamani and R. Balachandar, for Respondent.

Judgement

ISMAIL, J.:- The plaintiffs in O.S. No.18 of 1966 on the file of the court of the Subordinate Judge of Thanjavur are the appellants herein. There was an undivided Hindu family consisting of one Kalyanasundaram Pillai, his son Sabapathy Pillai and his son Srinivasam Pillai, the first defendant in the suit. There was a partition between them as evidenced by Ex.A-1 dated 21-4-1955. Under that partition, the joint family properties were divided into four schedules, A, B, C and D; A schedule was allotted to the share of Kalyanasundaram Pillai, B schedule was allotted to the share of Sabapathi Pillai, C schedule was allotted to the share of the first defendant Srinivasam Pillai, and D schedule was allotted to Sabapathi Pillai and Srinivasam Pillai jointly. Sabapathi Pillai died on 5th December, 1962. The plaintiff's-appellants are his widow and three daughters, the first defendant is his son and the 18th defendant is his mother. The appellants herein instituted the suit claiming that to the half share in the D schedule which belonged to Sabapathi Pillai, they alone were exclusively entitled and neither the first defendant Srinivasam Pillai, nor the 18th defendant had any share t











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