VELLAPANDIAN Vs. DURAIAPPAN (DIED)

JUDGEMENT

(1.) This Appeal Suit has been filed to set aside the Judgment and Decree, dtd. 29/12/2005 in O.S.No.248 of 2004 passed by the learned Additional District and Sessions Judge [Fast Track Court], Dindigul.

(2.) The deceased Duraikaruppan/1st respondent herein/plaintiff had filed a suit in O.S.No.248 of 2004 on the file of the learned Additional District and Sessions Judge [Fast Track Court], Dindigul, for partition of 1/3rd share in the suit properties.

(3.) The case of the 1st respondent/plaintiff is that originally, the suit properties were belonged to one Kathirvelsamy Naicker and he died 15 years before leaving one daughter and two sons and the 1st respondent/plaintiff is the daughter. The appellant/1st defendant is the second son and the R-2 & R-3 herein are sons of another son. After the death of Kathirvelsamy/plaintiff, the R-2 to R-4/1st to 3rd defendants have possessed the properties and jointly enjoyed the same. 'A' & 'B' schedule properties are belonged to the father of the 1st respondent/plaintiff and hence, she has filed a suit for partition.