CHANDRAMOHAN Vs. SHANMUGAVALLI

JUDGEMENT

(1.) THESE Second Appeal and Cross Appeal are filed against the Judgement and Decree dated 31.8.2007 passed in AS.No.27/2007 by the learned Principal District Judge, Madurai, partly reversing the Judgement and Decree dated 19.2.2007 passed in OS.No.474/2002 by the learned I Additional Sub Judge, Madurai.

(2.) THE Defendant in OS.No.474/2002 on the file of the I Additional Sub Judge, Madurai, is the Appellant in this second appeal. The above said suit was instituted by the Plaintiff/respondent in this second appeal for partition of half share in the suit items and for rendition of accounts. The suit properties are 18 in number. The properties belonged to two sisters, namely, Chinnamadiammal and Chellammal, having been allotted to them in a suit for partition. The Plaintiff and the Defendant are the children of one Gurusamy, predeceased son of Chinnamadiammal. Chinnamadiammal died on 1976 leaving the Plaintiff and the Defendant as legal heirs. Chellammal died issueless on 3.2.2000 and her husband predeceased her. The Plaintiff and the Defendant alone are the legal heirs to Chinnamadiammal as well as Chellammal and have succeeded to her estate. The Plaintiff is in joint possession of the suit property along with the Defendant.

(3.) CHINNAMADIAMMAL filed a suit in OS.No.228/1964 for partition and separate possession of her share against Chellammal and her husband Ramasamy Konar. A compromise final decree was passed, in which, items 1 to 4 were allotted to Chinnamadiammal and the rest of the properties, namely, items 7 to 15 were allotted to Chellammal. Item 18 in the present suit was allotted to both Chinnamadiammal and Guruvammal. The Wakf Board had filed a suit and execution petition in EP.No.45/1999 in OS.No.387/1972 as regards Item 18 of the suit property and the same is pending.