VISALAKSHI Vs. SARASWATHI AND ORS.

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree in CS.No.1414 of 1969 on the file of the III Assistant Judge, City Civil Court, Madras. The plaintiff is the appellant herein and the respondents are the defendants.

(2.) THE appellant/plaintiff filed the suit for partition and separate possession of her one -third share in the suit properties and she has raised the following contentions in the plaint filed by her. The plaintiff's father V. Nageswara Rao died intestate in or about 1966 leaving behind him his widow the first defendant, his daughter the plaintiff and the children of his predeceased daughter N.V. Parvathavardini impleaded as defendants 2 to 4. The plaintiff and the first defendant are each entitled to one third share and defendants 2 to 4 are entitled to the balance of one -third share in the properties of Nageswara Rao.

(3.) THE learned Judge raised relevant issues and after considering the evidence let in by the parties, decreed the suit as prayed for holding that Nageswara Rao died leaving the Will Ex.B -5, that the Will could not be looked into as it was unprobated, that Krishnamoorthy was not the adopted son for the simple reason that he did not implead himself as a party and that the plaintiff did not act upon the terms of the Will. In A.S.No.20 of 1974 and C.M.P.No.9074 of 1977 filed by the said Krishnamoorthy on the file of this Court, it was held that Krishnamoorthy should be impleaded as a party and the judgment of the trial Court was set aside and retrial was ordered on all the issues afresh in the light of the defence raised by Krishnamoorthy.