KAMALAMMAL Vs. MINOR SENTHIL

JUDGEMENT

(1.) The sixth defendant in O.S.No.69 of 1985 is the appellant in the second appeal.

(2.) Originally, the suit was filed by the first and second respondents/minors represented by their mother and natural guardian Annammai. The respondents 3 to 7 herein were the defendants. The said suit was filed for a judgment and decree of partition of the joint family properties comprised in item nos.1 to 4 and for allotment of 1/3rd share to the first respondent and another 1/3rd share to the second respondent in this appeal. The third respondent Narayana Pillai is the father of the first and second respondents and he is entitled to 1/3rd share of the joint family properties. Pending the suit, the sixth defendant viz., the appellant was impleaded on 27.2.86 since she purchased item no.1 of the suit properties through Court auction held on 28.2.85 and is in possession from August 1985. The suit was decreed by the trial Court in respect of item nos.2 to 4 of the suit properties and the relief of partition in respect of item no.1 was rejected. Challenging the said judgment and decree, the first and second respondents filed appeal. The lower appellate Court while allowing the appeal decreed the suit for partition in respect of item no.1 of the suit property also. Aggrieved by the judgment and decree of the lower appellate Court, the appellant has filed the present second appeal.

(3.) When the second appeal was admitted, the following substantial question of law was framed.