PARAVATHI AMMAL Vs. S MADATHI AMMAL

JUDGEMENT

(1.) Defendants 2 to 6 are the appellants herein aggrieved by the judgment and decree in O.S. No. 347/82 filed by respondents 1 to 4. The fifth respondent was the first defendant in the suit.

(2.) According to the averments in the plaint, the suit schedule properties were the self-acquired properties of one Samivel, who was the husband of the first appellant and respondent and father of appellants 2 to 5 and respondents 2 to 5. Samivel had a wife called Perumal Ammal, who is now deceased is the mother of the fifth respondent herein. The first appellant married Samivel after the death of Perumal Ammal and appellants 2 to 5 were born to them. The first respondent was married to Samivel on 9-6-1969, respondents 2 to 4 were born to them. The first appellant and the first respondent are sisters. Samivel was working in Madura Coats and the first respondent was working as a Government School Teacher. Samivel died intestate. The appellants are residing in Item No. 1 of the suit property. 4 tenants are residing in Item No. 2, 2 tenants in ItemNo. 3 and one tenant in Item No. 4. The parties are in joint possession of Item No. 5. After the death of Samivel, since enmity had arisen between the parties, the respondents 1 to 4 demanded partition on 11-2-1982 but the appellants were not agreeable. Item No. 3 of the suit property was sold pending suit. Two fixed deposits were created by Samivel, one in the name of first appellant and the other in the name of the second respondent. These are included as Item Nos. 6 and 7 of the suit property. Preliminary decree of 7/18th share in the suit property was prayed for.

(3.) The first appellant as the second defendant filed her written statement denying the averments contained in the plaint. A written statement was filed by the first defendant, who is the fifth respondent. An additional written statement was filed by the same party praying for her share. One more written statement was filed on account of the averments made in the written statement filed by the appellants herein claiming that suit Item MOs. 1 and 5 were purchased from the 'Stridhan' of the first appellant herein.