The court established that Plaintiffs were entitled to a share in the self-acquired property and directed rendition of accounts for the rental income derived from the property.

R. BANUMATHI, J

1. Challenge in this appeal is the preliminary decree for partition passed in C.S.No.215 of 1996 dated 27.04.2009 directing partition of the suit property and allotting 1/3rd share to each of the Respondents/Plaintiffs. Unsuccessful, 2nd Defendant is the Appellant in this appeal.

2. Suit property is the self acquired property of A.Parthasarathy who died intestate on 12.11.1975. The genealogy of A.Parthasarathy is as under:-

Parthasarathy

[died on 12.11.1975]

= Selvanayagi [D1]

[died on 04.09.1998]

DevasenapathyBhuvaneswari Shenbagavalli Karthikeyan

(died on (P1) (P2) (D2)

07.09.1988)

3. Case of Plaintiffs is that after the death of their father, Defendants 1 and 2 have been living in the suit property and have also let out some portion of the property on lease and are appropriating the rental income to themselves. Inspite of Plaintiffs' request for partition of the suit property, Defendants 1 and 2 have evaded their demands and hence, 1st Plaintiff issued Ex.P1-legal notice [30.04.1982] to the Appellant/2nd Defendant not to let out the suit property or altering the physical features of the suit property and 2nd Defendant was reluctant to partition the suit property. 1st Plaintiff had also sent Ex.P2 another legal notice [18.09.1995] demanding for partition of the suit property by metes and bounds and render accounts of the rental income derived from the property. Appellant/2nd Defendant had sent Ex.P3-reply notice [09.10.1995]. Alleging that Plaintiffs are entitled to 1/4th share, Respondents/Plaintiffs have filed the suit for partition and separate possession and also rendition of accounts. During the pendency of the suit, 1st Defendant-D.Selvanayaki, mother of Plaintiffs and 2nd Defendant died on 04.09.1998 intestate and the Court has also recorded that Plaintiffs and 2nd Defendant are the legal representatives of the deceased 1st Defendant.

4. Resisting the suit, 2nd Defendant filed written statement adopted by his mother deceased 1st Defendant. In the written statement, it is alleged that after the death of his father, 2nd Defendant was only looking after his mother and his elder brother Devasenapathy who was mentally retarded. 2nd Defendant incurred huge expenditure towards the medical expenses of his mother till her death and also meeting the medical expenses of the mentally retarded elder brother. In the suit property, 2nd Defendant has constructed two shops out of his own sources of income in the year 1983 and also carried out periodical repairs to the said property. 2nd Defendant further alleged that the marriage of 1st Plaintiff-Bhuvaneswari was performed by his father and the 2nd Defendant in the year 1975 and from out of his own income, 2nd Defendant himself performed the marriage of 2nd Plaintiff-Shenbagavalli in the year 1981. Case of 2nd Defendant is that at the time of marriage, Plaintiffs were given gold jewels, Sridhana and cash and both the Plaintiffs have relinguished their right infavour of 2nd Defendant. Even after such settlement was made, Plaintiffs have demanded huge amount from the 2nd Defendant and when the 2nd Defendant refused to make any payment to the 1st Plaintiff, she had issued Ex.P1-notice and that 2nd Defendant chosen to ignore Ex.P1-notice since the matter was already settled. As such Plaintiffs have no right to inherit any share in the suit property as the Plaintiffs have already received their share by way of gold jewels, Sridhana and cash given at the time of their marriages and relinguished their right.

5. On the above pleadings, the learned Judge framed the issues (i) Whether the Plaintiffs are entitled to a preliminary decree for partition and whether 2nd Defendant is liable to render account? (ii) Whether there was any family settlement between the parties in the year 1981?

6. 1st Plaintiff-Bhuvaneswari examined herself as PW1. Exs.P1 to P4 were marked. Appellant/2nd Defendant-Karthikeyan examined himself as DW1. V.Krishnan, who was formerly a P.W.D. Contractor was