The main legal point established in the judgment is the determination of ancestral properties available for partition and the validity of gift settlement deeds.

JUDGMENT :

Prayer: First Appeal is filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 01.02.2017 in O.S.No.76 of 2015 on the file of Principal District Court, Krishnagiri.

1. The plaintiff, who lost his suit for partition is the appellant before this Court.

2. The factual background of the dispute between the parties can be summarised as under:-

The parties engaged in dispute are descendants of one K.N.T.Manickam Chettiar S/o.K.N.Thandavaraya Chettiar. During the life time of K.N.Thandavaraya Chettiar, he and his 6 sons entered into a partition deed on 01.01.1947 (Ex.A-20) and got it registered. The ancestral properties and the properties accrued through joint family members exertion were divided into 7 lots put under Schedule “A” to “G”. The “A” schedule property was left to the parents namely Thandavaraya Chettiar and his wife Unnamalaiammal for their life time enjoyment. After their lifetime to be divided among the 6 sons after clearing the parents debts, if any. The properties mentioned under “F” schedule was allotted to Manickam Chettiar. At the time of this partition, except the 6th son Markasagaya Chettiar, rest of the sons were married.

3. In the year 1975, K.N.T.Manicka Chettiar and his children entered into a partition deed of their individual and family properties and got it registered on 26.03.1975 (Ex.A-1). In this partition deed, the properties held by Manickam Chettiar family were divided into 8 lots under Schedule “A” to “H”. The properties listed under ‘A’ schedule was allotted to K.N.T.Manickam Chettiar and the ‘B’ Schedule properties were allotted to his son M.Sivasubramaniam. On the demise of K.N.T.Manickam Chettiar in theyear 1982, the properties left by him were divided among his children under the registered partition deed (Ex.A-2) dated 19.05.2006. In this partition, Sivasubramaniam was allotted ‘A’ schedule properties.

4. Sivasubramaniam got married to one Primala Devi. Through her, he had a son (Saravanan) and a daughter (Dhanuja Murali). His first wife Parimala Devi died on 11.11.1977. After her demise, M.Sivasubramaniam married one S.Gnanasoundari and through her, he had a son (Manikandan) and two daughters (Kavitha Senthil and Vidya Venkataragavan). Before the commencement of dispute, certain properties devolved on M.Sivasubramaiam under the partition deed Ex.A-1 and Ex.A-2 were sold. Also properties were acquired in the name of Sivasubramaniam, who retired as Professor from Kandasamy Kandar’s College Salem and in the name of his elder son Saravanan, who is running cable business and Pawn broker business.

First Round Litigation

5. In the year 2012, Kavitha Senthil and Vidhya Venkataragavan, in the year 2012, the two daughter of Sivasubramanian born through his second wife filed suit for partition claiming 1/3rd share against their father Sivasubramanian, full blood brother Manikandan, half blood brother Saravanan and half blood sister Dhanuja Murali Babu. In the suit (O.S.No.23 of 2012) on the file of Principal District Judge, Krishnagiri. (in short called as previous suit) they contended that, the properties mentioned in “A” & “B” schedule and few other properties were ancestral joint family properties of Sivasubramanian. In the partition dated 26.03.1975 M.Sivasubramaniam got the ‘A’ schedule property and a tiled shop in S.No.96/1 of Orappam Village, Krishnagiri District. Sivasubramanian sold the tiled shop to one Suburnisha vide sale deed dated 08.06.1987 to met out the marriage expense of his sister Sivagami. The properties shown as item Nos.1 & 2 in the “B” schedule property was sold away in the year 2001. After receiving the full payment, sale deed was executed on 28.07.2004. The sale proceeds were usedto purchase the “C” schedule property in the name of Saravanan. Few more properties given under the partition deed dated 26.03.1975 to Sivasubramanian were sold away as house sites and the remaining properties were shown under “A”schedule property. Underthe par