PALANI Vs. VALLIAMMAL

JUDGEMENT

(1.) The 1st defendant in O.S.No.375 of 1987 on the file of the Subordinate Court, Poonamallee, is the appellant.

(2.) The 1st respondent/ plaintiff filed the above suit for partition of her 1/3rd share in the suit property and also for mesne profits and the trial Court granted preliminary decree holding that the 1st respondent/ plaintiff was entitled to 1/6th share and the trial Court also held that the 1st respondent/ plaintiff was entitled to claim of Rs.6,000/- towards her 1/6th share in respect of the income from 1.8.1982 to 31.7.1985 and also held that from 1.8.1985 the 1st respondent/ plaintiff was also entitled to claim of Rs.1,000/- per year till she gets possession. Aggrieved by the same, this appeal is filed.

(3.) The case of the 1st respondent/ plaintiff as seen from the plaint is as follows:- The appellant, 1strespondent and the mother of the respondents 2 and 3 namely Palaniammal are brother and sisters and they are the children of Madurai Thambiran. The said Madurai Thambiran died intestate in the year 1961 leaving behind the plaintiff 1st respondent herein, the 1st defendant namely the appellant herein and also the respondents 2 and 3 as his legal heirs. Originally the properties belonged to Appu Thambiran and he had two sons namely Madurai Thambiran and Arunachalam and in the year 1930 there was a partition between Madurai Thambiran and Arunachalam and the suit properties were allotted to the share of Madurai Thambiran and therefore the plaintiff and 1st defendant are each entitled to 1/3rd share and the defendants 2 and 3 are together entitled to 1/3rd share and therefore the suit was filed for partition of 1/3rd share of the plaintiff's share. It is also alleged that the rent of Rs.1000/- is received by the 1st defendant per month and therefore the plaintiff is entitled to 1/3rd share and therefore for mesne profits and also for recovery of the plaintiff's share from 1.8.1982 to 31.7.1985.