AMEENA BL Vs. KUPPUSWAMI NAIDU

JUDGEMENT

(1.) This is an appeal by Ameena Bi (plaintiff) against the judgment of the learned single Judge of the Madras High Court dated 26th July, 1976 . The respondents are Kuppuswami Naidu (defendant No. 1) and five others (defendants 2 to 6). The High Court by the impugned judgment took the view that the suit filed by the plaintiff/ appellant herein was barred under the provisions of Section 47 of the Code of Civil Procedure and also barred under Article 137 of the Limitation Act.

(2.) The High Court had reversed the concurrent judgments of the District Munsif, Tindivanam. dated 21st November, 1970 and the lower appellate Court i.e. Subordinate Judge, Cuddalore dated 30th October, 1972. The trial Court and the lower appellate Court had decreed the plaintiff's title to the suit properties in dispute and also passed decree for recovery of possession of the same with costs. The plaintiff was also granted a decree for mesne profits to be computed in accordance with the provisions of Order 20, Rule 12 of the Code of Civil Procedure, for a period of three years prior to the suit. The plaintiff/ appellant filed the Special Leave Petition which was granted on 20th August, 1978 and hence this appeal is before us.

(3.) Briefly stated, the allegations in the plaint were that one S.M. Sheriff died on 17th November, 1947 leaving behind the plaintiff/ appellant the only daughter as heir besides his wife, sister and four brothers. The said S.M. Sheriff was carrying on a lucrative business and owned considerable amount of immovable properties at various places. It was pleaded that the plaintiff besides his mother, her aunt and uncles are heirs to the estate of S.M. Sheriff. The plaintiff pleaded that she was entitled to one half share in the estate of her father and the other half to be shared by other heirs.