SUMATHI Vs. MAHESWARI

JUDGEMENT

(1.) THIS appeal has been arising out of the judgment and decree dated 20. 04. 2007 made in O. S. No. 30 of 2004 on the file of the Additional District Court, Fast Track Court No. II, Gobichettipalayam.

(2.) THE averments made in the plaint are as follows:

(3.) THE trial Court, after considering the averments both in the plaint and the written statement and arguments of both the counsel, has framed three issues and considering the oral and documentary evidence, granted a preliminary decree stating that the first and second plaintiffs each entitled to 1/3rd share in the properties allotted to Ramasamy Goundar under Ex. C3. THE second plaintiff is entitled to 1/3rd share and the defendants 1 and 2 each entitled to 1/3rd share in the properties allotted to Mohanasundaram under Ex. C3. Against which, the present appeal has been preferred by the defendants.