JOHARA UMMAL Vs. S M OMAR

JUDGEMENT

(1.) The 16th defendant in O.S.No.20 of 1986 on the file of the District Judge, Karaikal is the appellant in A.S.No.927 of 1989. Defendants 2 to 5, 7 to 9, 14 and 15 in the said suit are the appellants in A.S.No.141 of 1990. The plaintiffs in the suit are the cross objectors in Cross Objection No.137 of 1995. The parties are referred to as per their ranks in the Trial Court.

(2.) The plaintiffs in O.S.No.20 of 1986 filed the suit for partition of their 31/45 share and the Trial Court passed the preliminary decree declaring that the plaintiffs are entitled to 31/45 share and also held that the 16th defendant viz., the appellant in A.S.No.927 of 1989 has no right in the suit property and eviction proceedings can be initiated against her for evicting her by instituting separate proceedings. Aggrieved by the judgment and decree, the 16th defendant filed A.S.No.927 of 1989 and defendants 2 to 5, 7 to 9, 14 and 15 filed A.S.No.141 of 1990.

(3.) The case of the plaintiffs as seen from the plaint is as follows:-