SANTHOSH KUAMR Vs. BABY

JUDGEMENT

(1.) The first respondent filed the suit for partition claiming 1/2 share in the plaint schedule property. According to the plaintiff, the property belonged to chellappan Achari, father of the plaintiff and defendants Nos. 2 to 5 and the husband of the first defendant. Chellappan Achari died on 29-10-1978. The plaintiff has 1/6th share in the property. She purchased the shares of defendants Nos. 4 and 5. Thus she claims 1/2 share in the property.

(2.) Defendants Nos. 1 and 2 contested the suit. They contended that the property did not belong to, Chellappan Achari, but it belongs to first defendant.

(3.) The trial Court held that the plaintiff has 1/6th share in the property and she having purchased 2/6 share of defendants Nos-4 and 5, is entitled to 1/2 share in the property. The contention that the property was acquired by Chellappan Achari was accepted by the trial Court. There was a prayer for a declaration that the document executed by the first defendant in favour of the second defendant in respect of the property is not binding on the share of the plaintiff. The trial court granted that prayer.