EKAMBARAM Vs. V JOTHI

JUDGEMENT

(1.) THE defendants 1, 3 to 6 and the Legal Representatives of the 2nd defendant in O.S.No.430 of 1991 on the file of the District Munsif Court, Tiruthani, are the appellants.

(2.) THE respondent / plaintiff filed the suit for partition of 1/10th share in the suit properties. The case of the respondent/ plaintiff was that the suit properties originally belonged to her father A.K.Jayarama Reddy and the properties were ancestral properties in his hands. The said Jayarama Reddy had five daughters and a son and the 1st defendant is the son of Jayarama Reddy and the plaintiff, defendants 2, 5 and 6 are the daughters of Jayarama Reddy and the defendants 3 and 4 are the daughters of the deceased Lokanayaki, the deceased daughter of Jayarama Reddy and therefore in the suit properties the plaintiff is entitled to 1/10th share and filed a suit for partition.

(3.) THE trial Court held that the properties covered under Exs.B1 to B6 are the separate properties of the 1st defendant and the plaintiff cannot claim any share in those properties and in respect of other properties the plaintiff is entitled to 1/12th share and decreed the suit for partition and passed a preliminary decree holding that the plaintiff is entitled to 1/12th share in the suit properties except the properties covered under Exs.B1 to B6. The defendants filed an appeal in A.S.No.19 of 2004 and the lower appellate Court has also confirmed the Judgement and Decree of the lower Court and hence the Second Appeal.