TAMILARASAN Vs. MARAPANDARAM(DIED)

JUDGEMENT

(1.) Suit for partition and separate possession was allowed by the Trial Court and on appeal, the same was confirmed. Aggrieved by the concurrent finding by the Courts below, the second appeal is filed by the defendants.

(2.) Like most of the second appeals, the parties contested the suit are no more and their legal heirs are carrying their batten.

(3.) Before adverting to the facts of the case, the relationship between the parties and the nature of dispute between them is narrated in brief. The parties to the suit property are descendants of one Marakkal, who died in the year 1978 leaving behind her husband Kalipandaram, three daughters by name, Kaliammal, Nanjammal, Marayal and one son by name Narayanasamy. Kalipandaram, the husband of Marakkal died in the year 1983. Kaliammal one of the daughters of Marakkal died intestate on 20.09.1992. The first plaintiff Marapandaram is the husband of Kaliammal. Plaintiffs 2 and 3 are sons of Kaliammal. The first defendant Narayanasamy is the son of Marakkal. Defendants 2 and 3 are the other two daughters of Marakkal. The litigation, the partition suit is by the legal heirs of the one daughter viz., Kaliammal against the son and other two daughters of Marakkal.