MUNIYAMMAL Vs. MUTHAIYA

JUDGEMENT

(1.) The 6th defendant is the appellant.

(2.) The plaintiff filed a suit for declaration that the 1st schedule property belongs to the plaintiff and for recovery of possession. In the alternative, the plaintiff prayed for partition of the 2nd schedule properties and grant him 1/7th share in the suit schedule properties. The trial Court rejected the prayer for declaration and recovery of possession. But granted the alternative relief of partition of 1/6th share in 3rd item of the 1st schedule, 1/7th share in item 1 and 2 of 1st schedule and items 1 to 3 of 2nd schedule property. The trial Court dismissed the suit with regard to items 4 to 8 in the 2nd schedule property. As against the same, the 1st defendant filed A.S.No.25 of 2013 before Additional Subcourt, Srivilliputhur. The learned Subordinate Judge allowed the appeal and set aside the judgment and decree of the trial Court. The First Appellate Court restricted the decree for partition with regard to 3rd item of 2nd schedule property alone granting 1/7th share. With regard to the other reliefs, the suit was dismissed by the First Appellate Court. As against the same, the 6th defendant has filed the present second appeal.

(3.) The plaintiff has contended that one Karuppayi, is the 1st wife of the 1st defendant and the 5th defendant is the 2nd wife of the 1st defendant. According to the plaintiff, the plaintiff and the 6th defendant are the children through the 1st wife. The defendants 2 to 4 are the children through the 2nd wife, namely, the 5th defendant. The plaintiff had further contended that the 1st schedule property is part of the 2nd schedule property. The 1st defendant, namely, his father had married one Karuppi Ammal(1st wife), 40 years back. While the plaintiff was 4 years old, the plaintiff's mother Karuppi Ammal had passed away and 2 years thereafter, the 1st defendant had married the 5th defendant.