SHANMUGAVADIVU Vs. MUTHIAH NADAR

JUDGEMENT

(1.) The plaintiff is the appellant herein.

(2.) The plaintiff filed O.S. No. 250 of 1995 before the Additional District Munsif II, Tirunelveli for partition claiming 1/3rd share in the suit schedule properties and for consequential permanent injunction, restraining the defendants from interfering with the plaintiff's joint right over the suit schedule properties. The suit was decreed by the trial Court. The defendants 2 to 5 filed A.S. No. 181 of 1999 before the Principal District Court, Tirunelveli. The learned District Judge was pleased to allow the appeal and dismiss the suit. As against the same, the present Second Appeal has been filed.

(3.) The plaintiff has contended that the suit schedule properties are the absolute properties of one Muthumalai Ammal who had passed away in the year 1966. According to the plaintiff, her grand-father, Pitchandi Nadar was the first husband of the said Muthumalai Ammal. One Shanmuga Nadar was the second husband of the said Muthumalai Ammal. The said Muthumalai Ammal had two sons, namely Nainar Nadar (First defendant) and Muthiah Nadar (Second defendant) through her second husband Shanmuga Nadar. The plaintiff has further contended that D3 to D5 are the sons of the second defendant. The plaintiff has further contended that Muthumalai Ammal had a son by name Sonachalam Nadar through her first husband Pitchandi Nadar. The said Sonachalam Nadar had passed away in the year 1971, leaving behind the plaintiff as the sole legal heir.