ALAMATHAL Vs. KARPPATHAL

JUDGEMENT

(1.) This Appeal Suit is preferred against the judgment and decree dtd. 28/7/2017 rendered in O.S.No.528/2015 by the learned I Additional District Judge, Coimbatore.

(2.) The appellants are defendants 1 to 3 and 6 to 8 in the Suit in O.S.No.528/2015. The Suit in O.S.No.528/2015 is for partition and separate possession of plaintiff 's 1/3rd share in the Suit property. The Suit property is an extent of 2.51 acres of land comprised in Survey Nos.740/2 and 743/3 in Chettipalayam Village, presently Madukkarai Taluk, (Coimbatore South Taluk), Coimbatore District.

(3.) It is the case of the 1st respondent/plaintiff that the Suit property originally belonged to one Mrs.Ramakkal @ Varuthakkaal wife of Krishna Konar, the mother of plaintiff, by virtue of a Sale Deed dtd. 6/12/1948 registered as Document No.1410/1948. It is stated in the plaint that the husband of Mrs.Ramakkal @ Varuthakkaal predeceased her and the mother of plaintiff also died intestate in the year, 1981, living behind her son by name Palanisammy and two daughters namely Karupathal, the plaintiff herein and Valliammal, the 5th defendant in the Suit.