MALATHI Vs. SAGADEVAN

JUDGEMENT

(1.) Aggrieved over the order of remand made by the Lower Appellate Court remanding the matter after framing issues for fresh trial to the trial Court, the present Civil Miscellaneous Appeal has been preferred.

(2.) The appellants are the legal heirs of the deceased plaintiff. The plaintiff's mother filed a suit in O.S.No.404 of 1997 before the District Munsif Court, Maduranthakam, for a decree, directing the defendants to execute the sale deed for half share in the suit property after receiving the value to be fixed by the Court.

(3.) According to the plaintiff, one Girija Ammal, had two children namely, the plaintiff and her brother Ratnakumar. Her mother Girija Ammal died intestate leaving behind herself and her brother as her legal heirs. Thus, she and her brother are entitled to half share each in the suit property. Her brother also died leaving behind his wife and daughter, defendants 1 and 2, as his heirs. The plaintiff requested the defendants 1 and 2 to sell their half share claiming pre-emption. But, the defendants 1 and 2 sold the property to the third defendant, not only their share, but a larger extent more than they possessed. The sale being invalid, the plaintiff filed the above suit.