LAWS(MAD)-2012-2-37

MINOR ABARNADEVI Vs. KANDASAMY

Decided On February 06, 2012
MINOR ABARNADEVI Appellant
V/S
KANDASAMY Respondents

JUDGEMENT

(1.) THIS appeal is focussed by the plaintiffs as against the judgment and decree dated 07.09.2009 made in O.S.No.156 of 2007, which was a suit for partition, on the file of the Additional District Judge cum Fast Track Court II, Salem. The parties are referred to hereunder according to their litigative status and ranking before the trial Court.

(2.) BROADLY but briefly, narratively but precisely, the relevant facts absolutely necessary and germane for the disposal of this appeal would run thus: The four minor plaintiffs through their mother and next friend, filed the suit for partition seeking the following reliefs in respect of the two items of properties, contending that those properties are the ancestral properties in which they are entitled to shares:

(3.) ULTIMATELY the trial Court decreed the suit in respect of the first item, allotting 4/10th share in favour of the plaintiffs and the rest of the prayer was dismissed on the finding that the second item was not the ancestral property. Being aggrieved by and dissatisfied with the judgment and decree of the trial Court in rejecting the prayer for partition of the second item of the property, this appeal has been filed on various grounds.