SANJEEVI AMMAL Vs. R NARASIMHAN, YASODHA AMMAL, SANJEEVARAYAN

JUDGEMENT

(1.) The appellant herein, as plaintiff, filed Original Suit No.241 of 2001 on the file of the Subordinate Judge, Ranipet, and the pleadings made in the plaint, in brief, run thus:

(2.) The first defendant filed a written statement to the effect that the plaintiff got married 60 years back and her claim for 1/3 share is not legally valid, because, most of the items mentioned in the plaint schedule had already been alienated to third parties even during the lifetime of the father to the knowledge of the legal heirs/plaintiff and the defendants. It is specifically stated that the plaintiff cannot raise any claim over the properties purchased by the defendant out of his own income. While denying the joint family theory raised by the plaintiff, it is added that the plaintiff and her sister never had any right over the alleged joint family properties. The plaintiff does not even know the nature of the properties and further, the plaintiff did not add the parties who are presently in possession of the properties, therefore, the suit is bad for non-joinder of parties.

(3.) The trial court, by judgment and decree dated 19.01.2006, dismissed the suit and aggrieved over the same, the plaintiff filed A.S. No.29 of 2006 before the Principal District Court, Vellore. The lower appellate court, by its judgment dated 27.11.2006, partly allowed the appeal by holding that the plaintiff is entitled to the property mentioned in the plaint schedule as item-12 alone. Since the claim of the plaintiff for 1/3rd share in the entire suit property is rejected, she has come up with the present Second Appeal.