LAWS(SC)-2023-8-43

H. VASANTHI Vs. A. SANTHA (DEAD)

Decided On August 16, 2023
H. Vasanthi Appellant
V/S
A. Santha (Dead) Respondents

JUDGEMENT

(1.) We have heard learned Senior Counsel Shri A.N. Venugopala Gowda and Counsel Shri P.B. Suresh for the appellant and the respondents, respectively.

(2.) Plaintiff in OS No. 746 of 1996 City Civil Court, Chennai, is the appellant. OS No. 746 of 1996 was filed for the relief of declaration that the plaintiff with Defendant Nos. 1 and 2 is a coparcener by amended Sec. 29A of the Hindu Succession Act, 1956 (Tamil Nadu Amendment Act). Therefore, the plaintiff has a right to a one-third share in the suitscheduled property at 24/1, Gomathy Narayanaswamy Road, T-Nagar, Madras-600017. She prayed for an injunction, restraining Defendant Nos. 1 and 2 etc., from disposing of one-third part claimed by the plaintiff to third parties.

(3.) Defendants 1 and 2 are the father and brother of the plaintiff. The third Defendant is the purchaser of the plaint schedule property from Defendants 1 and 2 through the process of law. The following chronology reveals the narrow brief controversy at issue.