P LALITHA Vs. KALIMUTHU

JUDGEMENT

(1.) PLAINTIFFS 2 and 3 are the appellants. The suit filed by the appellants along with their mother, since dead, was for a decree for partition of their half share in the plaint schedule properties.

(2.) TO appreciate the claims of the parties, the following genealogy tree can usefully be looked into :

(3.) ON the question whether Maruthi Rao has released his rights in reference to item 11 of the suit properties, the finding is that the plaintiffs cannot claim any right on the item 11 of the suit properties inasmuch as the 7th defendant has purchased the property from Nagammal and two sisters by a registered sale deed dated 5.12.1949. As far as item 1 of the suit properties is concerned, in paragraph 34 of the judgment, the learned trial judge has found that one Chellappa Chettiar had obtained a decree in O.S. NO.58 of 1955 and brought this property for sale, which was taken in public auction by the 8th defendant subject to encumbrance and the same was confirmed as per Ex.B.72 and therefore, the plaintiffs have no title or right to claim his property.