MADHAVI Vs. RADHA

JUDGEMENT

(1.) Admit. Following are the substantial questions of law framed for a decision in this appeal arising from the order of remand:-

(2.) Appellants are the plaintiffs. The suit property is 52 cents in RS No. 23/1 (old survey No. 104/3) which according to them belonged to Koodali Thazhathu tarwad in jenm. That property came into the possession of Ambu on kuzhikkanam right in the year, 1950. Plaintiff and the original defendant are legal heirs of the said Ambu. On that premise, plaintiffs demanded partition and separate possession of 1/4th share.

(3.) The deceased original defendant contended that the 80 cents in R.S. No. 23/2 belonged to her tarwad and the extent of property now available is only 74 cents. She denied the claim made by the plaintiffs for partition and separate possession. The original defendant also raised a dispute regarding identity of property sought to be partitioned.