SAVITHRI AMMAL Vs. SAKUNTHALA

JUDGEMENT

(1.) The 5th, 10th, 11th, 12th, 14th, 16th and 17 defendants in O.S.No.312 of 1982 on the file of the Sub Court at Vellore are the appellants herein.

(2.) O.S.No.312 of 1982 had been filed by the 1st respondent herein, Sakunthala wife of M.V.Munusamy against the defendants therein, seeking partition and separate possession of 5/12 shares in the properties described in A, B, C and D schedules to the plaint and for appointment of Commissioner to so divide the said properties and also to order an enquiry for mesne profits under Order 20 Rule 12 CPC and for costs of the suit. By judgment dtd. 16/12/1989, the learned Sub Judge, Vellore had partly decreed the suit with respect to A schedule properties excepting item Nos.14 and 20 and with respect to B schedule properties. However, the suit was dismissed with respect to the relief sought against C and D schedule properties.

(3.) Questioning that judgment, the 3rd, 4th, 5th, 7th, 8th, 10th to 17th defendants filed A.S.No.266 of 1991 before the Additional District Court, Vellore. By judgment dtd. 19/2/1993, the appeal suit was partly allowed by granting decree for partition and separate possession with respect to item Nos.2, 5 and 6 in A schedule property and with respect to item Nos.11 and 12, it was stated that the plaintiff is entitled for the cash value of 5/12th share which should be determined at the time of the final decree application. With respect to B schedule property, it was stated that the 5th and 6th respondents were entitled to right of equity consequent to their purchase. With respect to other aspects, the Trial Court judgment was modified and confirmed.