RATHINAM PILLAI Vs. CHELLAMMAL

JUDGEMENT

(1.) This judgment shall govern the two apeals viz. A.S. 250 and 783 of 1987.

(2.) These two appeals have arisen from the judgment of the learned Subordinate Judge, Dindigul made in O.S.No.114/82, a suit for partition, which was jointly tried along with O.S.Nos.195 and 196 of 1983.

(3.) The appellant in A.S.No.783/87 along with her brother Chinnasamy filed the said suit for partition against the appellants in A.S.No.250/87 who were shown as defendants 1 and 3 and against so many others. The trial Court granted a preliminary decree for partition and separate possession allotting 13/15th share in the 'A' Schedule property, while it rejected the claim of the plaintiffs in respect of the immovable properties covered under suit 'B' Schedule. Aggrieved over the denial of their claim in respect of 'B' Schedule, the first plaintiff has brought forth A.S.No.783/87. The defendants 1 and 3 who were aggrieved over the grant of the preliminary decree in favour of the plaintiffs in respect of the 'A' Schedule property have preferred A.S.No.250/87.