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2009 Supreme(Mad) 5755

B.RAJENDRAN
Sangodai Ammal & Others – Appellant
Versus
Arumugha Kone & Others – Respondent


Advocates appeared:
For the Appellants:Chitra Sampath, Advocate.
For the Respondent:M. Venkatachalapathy, Senior Counsel, M. Loganathan, Advocate.

Judgment

1. The unsuccessful Plaintiffs in O.S.No.30 of 1986 on the file of Sub-Court, Tiruvannamalai are the Appellants in this Appeal.

2. For the sake of convenience, the parties shall be referred to as they were arrayed before the Court below.

3. The case of the Plaintiffs, as contained in the Plaint is as follows:

One Vedi Kone was the father and kartha of the joint family and he had five sons namely (i) Chinnasamy Kone (ii) Chinnapillai Kone (iii) Gopal Kone (iv) Ponnusamy Kone, and (v) Arumuga Kone, the First Defendant in the Suit. By such constitution of joint family, the said Vedi Kone along with his sons, including the Plaintiff, was in possession and enjoyment of 400 sheep and 30 cows. The said Vedi Kone died leaving behind his five sons to own and possess the aforesaid cattles. Even after the death of Vedi Kone, his five sons, had been living jointly, working jointly and tending the sheep and cows jointly under the managership of Chinnasamy Kone, the eldest son. They were also cultivating the lands of third parties on waram basis. By utilising the income earned by the joint exertion of First Defendant and his brothers, certain items of lands were purchased in the name































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