JUDGMENT

The present second appeal arises out of Judgment and decree of the III Additional District and Sessions Court, Coimbatore in A.S.No.149 of 2007 dated 26.04.2013. By the said judgment and decree, the learned District Judge reversed the judgment and decree of the court of learned II Additional Subordinate Judge, Coimbatore in O.S.No.663 of 2004 dated 09.04.2007 thereby, dismissing the suit for partition.

2. The properties belonged absolutely to one Velusamy Chettiyar.

He had a wife by name Muniyammal and through her, he had four children namely (1) S.V.Shanmugam, (2) S.V.Jaganathan, (3) Chellammal and (4) Rajammal.

3. Velusamy Chettiyar executed a Will which is accepted by both sides. This Will has been marked as Ex.A1 in the suit. He divided his self acquired properties into two portions as A schedule and B schedule. A schedule properties were given to his eldest son Shanmugam and B schedule properties were given to his second son Jaganathan. Shanmugam married one Chinnamuthu and from the wedlock, they had five children namely (1) Sambamoorthi, (2) Konammal, (3) Palanisami, (4) Raja and (5) Balachandran.

4. Jaganathan had married twice viz., his first wife/Rukmani Ammal and second wife/Dhanammal. Through his first wife/Rukmani Ammal, he had one son by name Arunagiri and one daughter by name Dhanammal and through his second wife/Dhanammal, he had four daughters namely (1) Visalakshi, (2) Jayalakshmi, (3) Krishnaveni and (4) Revathi.

5. Arunagiri/son of Jaganathan also married twice. His wives are Lakshmi and Umarani. Insofar as the daughters branch is concerned, Chellammal had one daughter by name Muniyammal and Rajammal had two daughters namely Jaya and Kanaga.

6. Insofar as the A schedule mentioned property which fell to the share of S.V.Shanmugam is concerned, there is no dispute as it is being enjoyed by his sons and daughters. The suit property is the B schedule to Ex.A1. The disposition insofar as the B schedule is concerned under Ex.A1 is as follows:

The relevant portion in Ex.A1	Translated version
brhj;ij ehd; vd; “fPH;f;fz;l capUs;stiu vd; ,ஷ;lk; nghy; mDgtpj;J tUntdhft[k;. vd; $Ptpa jpirf;F gpd;dpl;L A க(cid:4)ழக(cid:6)ணம ஷஷடயல ஷ(cid:14)(cid:6)தத(cid:17) என மத(cid:17) மகன S.V.ஷணமகத(cid:17)(cid:24)	I will enjoy theproperty described hereunder as I wish throughout my lifetime and after my lifetime, the rental income from the property morefully described in the Schedule A hereunder, shall be acquired by my grandson namely 1) Sambamurthy 2) Pazhanisamy 3) Raju 4) Balasundaram, sons of my eldest son S.V.Shanmugam without

கம(cid:6)ரரகளம subjecting the property to any என கக alienation or encumbrance and after ப ரனம(cid:6)ரக the lifetime of all the said grandsons, it shall be acquired with (cid:14)(cid:6)ம மரத(cid:17)(cid:24) (1). gHdprhkp (2). uh$P absolute rights by the male heirs of (3). (cid:6)லசந(cid:17)ரம (4)

my aforesaid four grandsons.

இவரகள After my lifetime, the property அத )நத at Krishnapuram described ஷ(cid:14) (cid:6)தத(cid:17)

morefully in the B schedule shall எ வவ(cid:24)(cid:17)ம(cid:6)ன be acquired by grandson, S/o Late.

வ(cid:24)லலஙகஙக Jaganathan, my younger son, ள கபக(cid:6)

without subjecting it to any ர(cid:6)(cid:17)(cid:4)னஙகள encumbrances until his lifetime. The property thus enjoyed shall be உட டத(cid:17)(cid:6)ம acquired by his male heirs with (cid:17)(cid:24)ன absolute rights. If my aforesaid வ ரம(cid:6)னதத(cid:17)

ம டடம grandsons subject the respective அத )நத properties under their enjoyment, to அன வ(cid:24)தத வநத தஷ 4 any encumbrances, it shall not be ப ரனம(cid:6)ரக maintainable. The persons (cid:24)ய acquiring the A and B schedule (cid:17)(cid:24)த(cid:14)கக properties shall pay to my wife (cid:24)னனர Muniyammal aged about 75 years அவ ரகள until her lifetime i.e. The person அன வ(cid:24)ககம acquiring A schedule property shall ஷ(cid:14) (cid:6)த(cid:17)(cid:6)னத pay Rs.12.50 per month and the தஷ என person acquiring B schedule ப

Click Here to Read the rest of this document