A partition can be pursued despite unproven Wills, affirming joint possession while emphasizing the need for valid claims against co-owners.

JUDGMENT :

R.SAKTHIVEL, J.

Feeling aggrieved by the Judgment and Decree dated March 28, 2018, passed in O.S. No.196 of 2011 on the file of 'I Additional District Court, Coimbatore' (hereinafter 'Trial Court'), the defendants 8 to 11 therein have filed the Appeal Suit in A.S. No.623 of 2018 under Section 96 read with Order XLI Rule 1 of 'the Code of Civil Procedure, 1908 ' ('CPC' for short) praying to allow the Appeal, set aside the Trial Court's Judgment and Decree, and dismiss the Suit. Similarly, the defendants 4 to 6 therein have filed the Appeal Suit in A.S. No.318 of 2019 with the same prayer.

2. These Appeal Suits arise out of one and the same Judgment and Decree. Hence they shall be governed by this Common Judgment.

3. In order to ensure brevity, convenience and clarity, the parties to these Appeal Suits will hereinafter be referred to as per their array in the Original Suit.

4. The plaintiff is the daughter of one Ramasamy Gounder. The said Ramasamy Gounder and first defendant are brothers and they both are sons of one Arunachala Gounder. The second defendant is the wife of the first defendant and the third defendant is their son. Defendants 1 and 2 had another son by name Selvaraj, who passed away in 1997 leaving behind his wife - fourth defendant and his children - defendants 5 and 6, apart from his mother - 2^nd defendant as his legal heirs. The relationship between the parties is admitted and the same is depicted through the following genealogy chart for better appraisal of the facts of the case :

PLAINTIFF'S CASE

5. Arunachala Gounder and his two sons - Ramasamy Gounder and Gopalsamy Gounder entered into Partition Deed dated December 25, 1959 in respect of their joint family properties. Vide the said Partition Deed, land measuring 30 Acres 62 Cents morefully described in 'A' Schedule of Properties therein was allotted in favour of father - Arunachala Gounder. Further, an extent of 28 Acres 54 Cents morefully described in 'B' Schedule of Properties therein was allotted to son - Ramasamy Gounder (plaintiff's father) and an extent of 29 Acres 75 Cents morefully described in 'C' Schedule of Properties therein was allotted to another son - Gopalsamy Gounder (first defendant).

5.1. Post the demise of father - Arunachala Gounder, his two sons being equally entitled to the aforesaid extent of 30 Acres 62 Cents allotted to him, sold an extent of 20 Acres 48 Cents out of the same. The remaining extent of 10 Acres 14 Cents after the said sale is described as Suit 'A'Schedule Property.

5.2. The sons - Ramasamy Gounder and first defendant, were enjoying the properties allotted to them in common, without any actual division or demarcation. They subsequently sold an extent of 4 Acres 54 Cents in Suit Survey No.172/1 and 4 Acres 47 Cents in Suit Survey No.172/2 vide Sale Deed dated March 1, 1961 in favour of one Range Gounder. Even after the said sale, they continued to enjoy the remaining land covered under 'B' and 'C' Schedule Properties of the aforesaid Partition Deed in common until the demise of Ramasamy Gounder. The said remaining land after the sale is shown as Suit 'B' and 'C' Schedule Properties.

5.3. Further, mother - Poomathal (wife of Arunachala Gounder) had earlier purchased certain lands in her name through Sale Deed dated December 14, 1952 and the same has been described as Suit 'D' Sc