GOURI AMMA Vs. GOURI AMMA

JUDGEMENT

(1.) Plaintiff is the appellant. Appeal arises out of a suit filed by the appellant for partition and redemption.

(2.) Brief facts leading to the filing of this appeal areas follows: Plaintiff and 1st defendant are sisters and defendants 2 to 4 are the children of the 1st defendant. Plaint A schedule property belongs to plaintiff and defendants. On 28-1-1959, there was a partition under Ext. A2, under which, the property having an extent of 181/2 cents on the southern portion of plaint A schedule property was allotted to plaintiff and 5 cents was allotted to Indirabai Amma, another sister of plaintiff and 1st defendant. Ist defendant subsequently got an assignment of the property allotted to Indirabai Amma. Property allotted to the plaintiff is described as B schedule in the plaint. On 24-11-1122, Gouri Amma mother of the plaintiff and 1st defendant executed Ext. A3 Otti in respect of plaint A schedule property for a consideration of Rs.1,400/-. Ist defendant filed O.S.No.369 of 1970 for redemption of the entire extent and he took delivery on 25-10-1976 of the entire plaint A schedule property in execution of the decree. Plaintiff filed the above suit for recovery and redemption of 5 cents of the property allotted to her.

(3.) The suit had a chequered career. Originally, the suit was decreed. The matter was taken in appeal and there was a remand. Again, a decree was passed. That was taken in appeal as A.S.No.217 of 1983, out of which, the above CM. Appeal has arisen. The appellate court confirmed the decree for partition and redemption. However, it remitted back the matter to the Trial Court for determining the value of improvements for the construction of a granite wall. It also directed the Trial Court to remit the report of the Commissioner for an additional report in regard to the value of improvements for construction of granite wall, if any, as claimed by defendants 1 to 4.