A. Krishnasamy Gounder vs M. Kowsalyadevi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(Mad) 1698

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.B.BALAJI
A. Krishnasamy Gounder – Appellant
Versus
M. Kowsalyadevi – Respondent

Advocates Appeared:
For the Appellants : S. Ashwin Prashanth, P. Ponbalaji
For the Respondents: P. Valliappan, K.P. Jotheeswaran, M. Abdul Wafiq

JUDGMENT :

P.B. BALAJI, J.

1. The defendants 4 and 5 in the suit for partition are the appellants, aggrieved by the preliminary decree granted by the Trial Court in O.S. No.84 of 2012.

II. PLEADINGS:

2........

(1) Plaint in brief:

The plaintiff is the daughter of the second defendant, through the second defendant's first wife, Thulasimani and the defendants 1 to 4 are sons of Arumuga Gounder, who died intestate in or about 1994. First item of the suit property is the ancestral and joint family property of deceased Arumuga Gounder and defendants 1 to 4. In a partition deed dated 23.02.1952, Arumuga Gounder was allotted 'C' Schedule, the said partition having been entered into amongst the brothers and mother, Valliammal. On the death of Arumuga Gounder, the defendants 1 to 4 succeeded to the estate and have been enjoying the first item of suit property. From and out of income derived from the 1^st item, Item 2 was acquired through sale deed dated 27.11.1996. The plaintiff was married on 28.10.1992 and in terms of amendment to Section 29 of the Hindu Succession Act by Act 1 of 1990, the plaintiff is entitled to 1/8^th share in both Items 1 and 2. The plaintiff and the defendants have been in