IN THE HIGH COURT OF JUDICATURE AT MADRAS

Reserved on : 22.02.2021

Pronounced on : 04.03.2021

Coram:

THE HON'BLE DR. JUSTICE G.JAYACHANDRAN

A.S.No.250 of 2017

P.Saravanan

... Plaintiff/Appellant

/versus/

1. M.Sivasubramanian,

2. S.Manigandan,

3. Dhanuja Murali,

4. Kavitha Senthil,

5. Vidya Venkataragavan,

... Defendants/Respondents

Prayer: First Appeal is filed under Section 96 of the Code of

Civil Procedure against the judgment and decree dated 01.02.2017

in O.S.No.76 of 2015 on the file of Principal District Court,

Krishnagiri.

For Appellants : Mr.R.Subramanian, Senior Counsel

for M/s.Gupta and Ravi

For R1 to R5

: Mr.V.Lakshminarayanan,

for Mr.R.Jayaprakash

J U D G M E N T

The plaintiff, who lost his suit for partition is the

appellant before this Court.

2. The factual background of the dispute between the

parties can be summarised as under:-

The parties engaged in dispute are descendants of one

K.N.T.Manickam Chettiar S/o.K.N.Thandavaraya Chettiar. During

the life time of K.N.Thandavaraya Chettiar, he and his 6 sons

entered into a partition deed on 01.01.1947 (Ex.A-20) and got it

registered. The ancestral properties and the properties accrued

through joint family members exertion were divided into 7 lots

put under Schedule “A” to “G”. The “A” schedule property was

left to the parents namely Thandavaraya Chettiar and his wife

Unnamalaiammal for their life time enjoyment. After their

lifetime to be divided among the 6 sons after clearing the

https://hcservices.ecourts.gov.in/hcservices/

parents debts, if any. The properties mentioned under “F”

schedule was allotted to Manickam Chettiar. At the time of this

partition, except the 6^th son Markasagaya Chettiar, rest of the

sons were married.

3. In the year 1975, K.N.T.Manicka Chettiar and his

children entered into a partition deed of their individual and

family properties and got it registered on 26.03.1975 (Ex.A-1).

In this partition deed, the properties held by Manickam Chettiar

family were divided into 8 lots under Schedule “A” to “H”. The

properties listed under 'A' schedule was allotted to

K.N.T.Manickam Chettiar and the 'B' Schedule properties were

allotted to his son M.Sivasubramaniam. On the demise of

K.N.T.Manickam Chettiar in the year 1982, the properties left by

him were divided among his children under the registered

partition deed (Ex.A-2) dated 19.05.2006. In this partition,

Sivasubramaniam was allotted 'A' schedule properties.

4. Sivasubramaniam got married to one Primala Devi.

Through her, he had a son (Saravanan) and a daughter (Dhanuja

Murali). His first wife Parimala Devi died on 11.11.1977. After

her demise, M.Sivasubramaniam married one S.Gnanasoundari and

through her, he had a son (Manikandan) and two daughters

(Kavitha Senthil and Vidya Venkataragavan). Before the

commencement of dispute, certain properties devolved on

M.Sivasubramaiam under the partition deed Ex.A-1 and Ex.A-2 were

sold. Also properties were acquired in the name of

Sivasubramaniam, who retired as Professor from Kandasamy

Kandar’s College Salem and in the name of his elder son

Saravanan, who is running cable business and Pawn broker

business.

First Round Litigation

5. In the year 2012, Kavitha Senthil and Vidhya

Venkataragavan, in the year 2012, the two daughter of

Sivasubramanian born through his second wife filed suit for

partition claiming 1/3^rd

share against their father

Sivasubramanian, full blood brother Manikandan, half blood

brother Saravanan and half blood sister Dhanuja Murali Babu. In

the suit (O.S.No.23 of 2012) on the file of Principal District

Judge, Krishnagiri. (in short called as previous suit) they

contended that, the properties mentioned in “A” & “B” schedule

and few other properties were ancestral joint family properties

of Sivasubramanian. In the partition dated 26.03.1