NARAMMAL DIED Vs. KANTHAMANI

JUDGEMENT

(1.) THE plaintiff in O.S.No.50 of 1982, on the file of the court of Subordinate Judge, Coimbatore, has preferred this appeal.

(2.) PENDING disposal of the appeal, the appellant/ plaintiff died and the second respondent (son of the deceased appellant) in the appeal has filed C.M.P.No. 10153 of 1991, claiming be the sole legal representative of the deceased appellant, and praying for transposing as the second appellant in the above appeal. After hearing learned counsel on both have ordered that petition. However, for the sake of convenience, the appellant hereafter referred to as the plaintiff and the contesting first respondent as first defendant.

(3.) THE plaintiff, claiming to be a Class I heir along with the first defendant, claimed is entitled to a share in the properties, both movable and immovable, left by the Ranganathan, along with the first defendant. THEre are eight schedules in the plaint. first defendant has mentioned in her additional written statement that the plaintiff the amount due under the insurance policy, and that was to be subjected to partition she (first defendant) must be given a half share. In addition to that, she has also pointed that one Vicky motorcycle has been retained by the plaintiff, that it must be valued must be given a half share in that. Further in the additional written statement, defendant has pointed out that a fixed deposit amount in the name of deceased Ranganatan in the Central Bank of India was also available for division.