IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on : 04.07.2025 Pronounced on: 14.07.2025 Coram:

THE HONOURABLE Dr. JUSTICE G.JAYACHANDRAN Appeal Suit No.372 of 2022 R.Jayajothi.

W/o. Radhakrishnan D/o. P.T. Govindarajulu, Old D.No.5-B New Door No.3-B Vivekananda Road, Ram Nagar Coimbatore 641 009. ... Appellant/Plaintiff /versus/

1. Duraisamy @ P.T.Ramasamy Naidu, S/o. late Thirumalaisamy Naidu, No.2/268, Pannimadai, K. Vadamadurai Post, Coimbatore 641 017.

2. P.T. Ramakrishnan, S/o.Late.Thirumalaisamy Naidu, No.4/505, Aruna Nagar, 17^th street K. Vadamadurai Post, Coimbatore 641 017.

3. G.Thamburaj, S/o.P.T. Govindarajulu, 39/40, Rajagopal Naidu Layout, Avarampalayam Road, Peelamedu, Coimbatore – 4.

Now residing at Door No.21, Subiksha Gardens, Chengalipalayam Post, Coimbatore-641 022.

4. G.Kalavathi, W/o.Manoharan, No.63, Sivananda Colony, Tatabad. 1^st Street, Coimbatore 641 012.

5. G.Velumani S/o. Late P.T.Govindarajulu, 2/267, Pannimadai K. Vadamadurai Post, Coimbatore 641 017.

6. J.Jayanthi, W/o.V.Jayachandran D/o.late P.T.Sundaram, 15, Sriram Garden Kalapatti Road, Coimbatore 641 028.

7. N.Suganthi W/o. K. Nandakumar, D/o. Late P.T.Sundaram, No.1, Ramalingam Layout, Udyampalayam, Coimbatore - 641 028.

8. P.Vasanthi W/o.K.Pathiraj, D/o. Late P.T.Sundaram, 211-A, V.K.Road, Peelamedu, Coimbatore - 641 004. ... Defendants 1 & 4 to 10/Respondents Prayer:- Appeal Suit has been filed under Section 96 of the Civil Procedure Code, pleased to set aside the judgment and decree passed in OS No.109/2012 dated 18.04.2022 on the file of the Court of IV Additional District and Sessions Judge, Coimbatore and pass a preliminary decree for partition for the Appellants 5/12 share in the suit item 1 and 3, and 5/48 share in the suits items 2 and 4 by allowing this appeal.

For Appellant : Mr.A.Muthukumar.

For Respondents : Mrs.M.Sneha, for R3 : Exparte, for R1, R2, R4 to R8

J U D G M E N T

The suit for partition has been filed by the daughters of the 2^nd defendant, born through his second wife. The defendants are the brothers and son of the 2^nd defendant, born through his first wife.

2. The brief facts of the case are as follows:

The plaintiff, Jayajothi, claims to be the daughter of P.T.Govindarajulu (the 2^nd defendant), born through his second wife, Velumani. The 1^st wife of P.T.Govindarajulu was Rajamani, who died in the year 1963 and through her, he had a son, Thamburaj, who is arrayed as the 5^th defendant. The defendants 1, 3, and 4 namely, Duraisamy @ P.T.Ramasamy Naidu, P.T.Sundaram, and P.T.Ramakrishnan are the brothers of P.T.Govindarajulu, the father of the plaintiff.

3. According to the plaintiff:-

(i) Item No.1 is ancestral property that devolved on P.T.Ramasamy Naidu through a partition that took place on 14.04.1949 among the six sons of Thirumalaisamy Naidu. Though partition was effected, as far as this property four of the brothers hold it jointly. Out of the income derived from this property, Items Nos. 2, 3, and 4 were purchased jointly in the names of the four brothers.

(ii) Item No.2, measuring a larger extent of 18.70 acres, was purchased on 14.01.1960. Since portion of the land was under cultivating tenant, the said portion is excluded and the remaining extent of 16.98 acres is shown as item No.2 of the property with a well and pump set.

(iii) Item No.3 was purchased jointly in the names of the four brothers from out of the joint family nucleus on 27.03.1967. Though the sale deed reflects an extent of 0.53½ cents, the actual measurement as per survey and revenue records is 0.50 cents. This property was divided among the four brothers and from out of it, an extent of 12.5 cents already allotted to the 2^nd defendant, P.T.Govindarajulu.

(iv) Item No.4 was purchased jointly by the four brothers on

22.03.1970, measuring 6.20 acres, with a well and pump set.

4. Initially, the plaintiff claimed 1/3^rd share in Item No.1 and 1/12^th share in item Nos.2 to 4. Subsequently, she amended the prayer, seeking 5/12^th share in item Nos.1 & 3 and 5/48^th share