The court reaffirmed that a daughter has equal rights to her father's self-acquired property, and lack of knowledge of prior partitions negates claims of ouster.

JUDGMENT

This Appeal has been filed to set aside the Judgment and Decree dated 23.01.2023 made in O.S.No.386 of 2019 on the file of the learned First Additional District Judge, Coimbatore (O.S.No.797 of 2006 – II Additional Sub Court, Coimbatore).

2. The averments in the amended plaint in short are as follows:- The suit schedule properties originally belonged to Kandhappa Gounder as self acquired property by virtue of registered sale deed Nos. 2734/1940, 1927/1952, 5779/1957, 3413/1955, 1663/1967 and 1698/1970. Since the date of purchase, Kandhappa Gounder has been in absolute possession and enjoyment of the schedule properties. That Kandhappa Gounder died intestate on 09.05.1970 leaving behind the Plaintiff Nanjammal and the 1^st Defendant Chennimalai Gounder to succeed him to his estate. The Plaintiff is the daughter and the 1^st Defendant is the son of the deceased Kandhappa Gounder. That after the death of Kandhappa Gounder, his legal heirs are each entitled to ½ share in the schedule property. That for past one year the Plaintiff had been demanding the Defendant to agree for an amicable partition but the Defendant has been evading. That the Plaintiff issued a legal notice through her Counsel on 17.11.2006 and it was received by the Defendant on 23.11.2006. Since the Plaintiff did not agree to the partition, the Plaintiff has filed this suit for partition. That during the pendency of the suit the 1^st Defendant Chennimalai Gounder died leaving behind the Defendants 2 to 10 as his legal heirs to succeed to his estate. That during the pendency of the suit the 7^th Defendant Muthusamy died on 21.07.2017 leaving behind the Defendants 2, 11 and 12 as his legal heirs (Amended as per the order in IA No. 82/2018 dated 21.02.2018). That the parties are co-owners and are in joint and constructive possession of the suit property. That inspite of demands by the Plaintiff, the Defendants had evaded to partition the suit property, and hence the Plaintiff filed this suit for partition of the suit property, cost and other relief.

3. The 1^st and 7^th Defendants died during the pendency of the case and their death is recorded, and the legal heirs of the deceased 1^st Defendant are already parties to the suit and the plaint was amended as per the order passed in I.A No. 371/2015 dated 27.01.2016.

4. The contention in the written statement of the 1^st Defendant in short is as follows:-

The suit is not maintainable and is to be dismissed. That the grandfather, Kandhappa Gounder died on 09.05.1970. That the suit property had been divided through a registered partition deed dated 19.09.1979. That since 10.05.1970 the Plaintiff had been openly excluded and the Defendants have ousted her by their continuous and uninterrupted possession and enjoyment from 10.05.1970. They have been exercising all acts of ownership, possession and enjoyment in a manner hostile to the knowledge of Plaintiff, thereby ousting the Plaintiff, and consequently she lost her share in the suit property. That the Plaintiff never exercised