THULASI AMMAL Vs. S RAJARAM

JUDGEMENT

(1.) PLAINTIFF is the appellant.

(2.) THE plaintiff filed the suit for partition and separate possession of her 1/4th share in item 1 and 3/8th share in item 2 of the suit property and for accounting. THE case of the plaintiff is as follows: THE first defendant is the elder brother of the plaintiff and defendants 2 and 3 of the purchasers of the suit property from the first defendant. THE first item of the suit property originally belonged to the plaintiff and her brother the first defendant ancestrally. In the second item of the suit property, half portion belonged to the plaintiff and the first defendant ancestrally and the other half portion was purchased by their father Nagasami Ayyar out of his own funds and it is his self acquired property. Nagasami Ayyar along with the plaintiff, the first defendant and their mother was in possession and enjoyment of the suit properties and as such the plaintiff is the co-owner along with the first defendant. Nagasami Ayyar died on 5.3.1956 leaving behind him, the plaintiff, the first defendant and their mother. So, the plaintiff, the first defendant and their mother succeeded to the properties of Nagasami Ayyar. Subsequently, the mother of the plaintiff and the first defendant died on 3.7.1961 intestate leaving behind her, the plaintiff and the first defendant alone as her heirs. So, the plaintiff is entitled to a share out of her mother's properties. THE plaintiff is entitled to 1/3rd share in the first item of the suit property and she is also entitled to 1/4th share in the ancestral half portion of item 2. THE plaintiff was in possession of this portion along with the first defendant. After marriage, the plaintiff has been residing with her husband even during the lifetime of her father. THE first defendant, without the knowledge and consent and permission of the plaintiff, sold the first item of the suit property to the second defendant by registered sale deed. THE first defendant has no right to sell the plaintiff's share in the first item. THEy plaintiff is entitled to 1/4th share in item one. THE first defendant also without the knowledge and consent of the plaintiff, sold the second item to the third defendant by a registered sale deed dated 17.11.1972. THE first defendant has no right to sell away the plaintiff's share in the second item also. So, the sale in respect of the plaintiff's share in the suit property is not binding on the plaintiff. THE plaintiff continues to be in joint possession of the second item also. THE defendant is not amenable for partition and separate possession. Hence, the plaintiff has come forward with the suit for partition and separate possession of her share in the suit properties.

(3.) AGGRIEVED against that judgment and decree, the plaintiff has come forward with the present appeal.