IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-06-2025 CORAM THE HONOURABLE MR JUSTICE M.JOTHIRAMAN A.S.No.182 of 2021 P.Pandian S/o.Ponnusamy Gounder Bangalow Street, Thandarambattu Village and Post, Thandarampattu Taluk, Tiruvannamalai District.

Appellant(s)/2^nd Defendant Vs

1.Malliga, W/o.Mayavan, Thandarambattu Village and Post, Tiruvannamalai District.

2.Saradha, W/o.Rajendran, Narayanakuppam Village,Thandarampattu Taluk, Tiruvannamalai District.

3.Alamelu W/o.Elumalai Amaranthaputhur Village, H/o.Ravanthavadi Village, Thandarampattu Taluk, Tiruvannamalai District.

Respondent(s)/Plaintiff(s)

Appeal Suit filed under Order 41 Rule 1 r/w Section 96 CPC against the judgment and decree dated 23.02.2021 passed in O.S.No.42 of 2015 on the file of the Additional District Court, Tiruvannamalai.

For Appellant(s): Mr.P.Singaram For Respondent(s): Mr.K.A.Ravindran

ORDER

Unsuccessful second defendant has preferred the present appeal against the judgment and decree dated 23.02.2021 passed in O.S.No.42 of

2015 on the file of the Additional District Court, Tiruvannamalai.

2. The suit is filed seeking a preliminary decree for partition by granting 3/4^th share to the plaintiffs. The trial Court decreed the suit as prayed for.

3. The parties are referred to as per rankings in the trial Court.

4. The brief case of the plaintiffs is as follows:

4.1 The suit property originally belonged to one Muthu Gounder.

He has two sons viz. Ponnusamy Gounder and Periyasamy Gounder. Muthu Gounder died intestate and after his demise, the said Ponnusamy Gounder and Periyasamy Gounder jointly enjoyed the suit properties. Out of the income derived from the joint family, they have purchased some other properties. Subsequently, they partitioned the properties under a registered partition deed dated 19.06.1966.

4.2 Item No.10 of the suit property is the self-acquired property of Ponnusamy Gounder. He died intestate on 04.09.1996 leaving behind the plaintiffs and the defendants has his legal heirs to succeed the estate left by him. The first defendant is the mother of the plaintiffs and the second defendant is the brother of the plaintiffs. The patta for Item No.10 of the suit property stands in the name of the plaintiffs and the defendants. The patta for the remaining Item Nos.1 to 9 of the suit properties was transferred to the name of the second defendant. When the defendants were trying to alienate Item Nos.1 to 9 of the suit properties to third parties, the plaintiffs issued Advocate notice to the defendants on 22.05.2015. During pendency of the suit, first defendant/Kullammal, died intestate on 13.06.2016 leaving behind the plaintiffs and the second defendant to succeed her estate. So, the plaintiffs are entitled to 3/4^th share over the suit properties. Hence the suit.

5. The brief case of the second defendant is as follows:

5.1 The written statement filed by the second defendant was adopted by the first defendant. All the suit properties originally constituted as joint family properties. Item No.10 of the suit properties is also a joint family property. At the time of death of Ponnusamy Gounder, he did not leave any properties to be inherited by the plaintiffs nor the second defendant.

5.2 The second defendant is in exclusive possession and enjoyment of the suit properties in his own rights and the plaintiffs are not entitled to any share.

5.3 The second defendant has performed the marriage of his sisters by spending considerable amount and they were given sufficient Sridhana. He was only taking care of his parents. Due to some dispute between him and his sisters with regard to the marriage of his daughters, they filed the suit for partition. Hence, the suit has to be dismissed.

6. Based on the above pleadings, the trial Court framed the following issues:

(1) Whether the plaintiffs are entitled to claim 3/4^th shares in the properties as prayed for?

(2) Was there are any oral partition arrived and effected in between the plaintiffs and second defendant, during the life time