BACKIAMMAL Vs. C.VASANTHA

JUDGEMENT

(1.) The first Appeal is filed against the Judgment and Decree dtd. 30/8/2010 made is O.S.No.01 of 2008. The defendants 2 to 4 in the suit are the appellants herein, 1st and 2nd plaintiffs and the 1st defendant in the suit are the respondents herein. The 1st defendant in the suit is the 3rd respondent herein and he has not entered appearance/ contested, thus the reference to respondents will only mean respondents 1 and 2.

(2.) The suit was filed by the respondents herein in O.S.No.01 of 2008, for partition of the suit mentioned property into 6 shares and allot two such shares to 1st and 2nd respondents by metes and bounds. The suit was originally with reference to 13 items, however, items 2,7 and 8 are not ancestral properties as it is admittedly the independent/ separate properties owned by the husband of the first appellant and father of the second and third appellants. Thus items 2,7 and 8 are not the subject matter of dispute in this First Appeal. In other words, the present appeal is limited to entitlement of the the respondents to 2/6th shares in the suit item 1,3,4,5,6,9 to 13.

(3.) Brief Facts relating to the case are set out hereunder: