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1983 Supreme(Mad) 138

RATNAM, V.RAMASWAMI
A. Ramachandra Pillai – Appellant
Versus
Valliammal (died) – Respondent


Advocates Appeared:
For the Appellants:M. Srinivasan & B. Rajagopal, Advocates.
For the Respondents:R. Muthukumaraswamy, Advocate.

Judgment :-

V. RAMASWAMI, J. :—

1.Defendants 1 to 5 are the appellants. The suit was filed by the first respondent Valliammal and her daughter the second respondent for partition and separate possession of 7/18th share of the plaint schedule properties.

2. One Arumugam Pillai died on 16-9-1956 leaving the first plaintiff, his widow, a son the first defendant and seven daughters. The second plaintiff and defendants 6, 7, 8 and 9 are five of the daughters. Another daughter by name Vairam, though survived Arumugam Pillai, died sometime in 1965 leaving the tenth defendant as her only heir. The other daughter of Arumugham Pillai was one Nagarathinam. The case of the plaintiffs was that the suit properties were the self acquired properties of Arumugham Pillai, that on the death of Arumugham Pillai, the widow, son and the seven daughters each inherited 1/9th share and that Nagarathinam died issueless and her share was inherited by the first plaintiff, the mother. The plaintiffs also contended that on the death of Vairam, the tenth defendant and the first plaintiff became entitled to one half share in the share of Vairam and that came to 1/18 of the total. Thus the first plaintiff would claim










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