RAJAMMAL (DECEASED) Vs. SEETHA

JUDGEMENT

(1.) This appeal suit is filed against the judgment and preliminary decree passed in O.S.No.88 of 2011 dtd. 9/1/2014 by the III Additional District Court, Tiruvallur at Poonamallee. Herein after in this judgment parties would be referred to as per their array in the suit.

(2.) The case of the plaintiff is that Item No.1 and 2 of the suit schedule properties originally belong to the father of the plaintiff by name Thiyagarajan. The plaintiff's father purchased the item No.1 of the suit schedule property under a registered sale deed dtd. 17/5/1945 and item No.2 of the suit schedule property under the registered sale deed dtd. 26/9/1946. The plaintiff's father died in the year 1957 leaving behind two sons and three daughters. The plaintiff, 1st and 2nd defendants are daughters, the 3rd defendant is one son and the other son Govindharajan had passed away and the defendants 4 to 11 are his legal heirs. Therefore, the plaintiff, 1 st defendant,2nd defendant, 3rd defendant and the defendants 4 to 11 jointly are entitled to 1/5th share each in the suit schedule properties.

(3.) While so, in the year 2011, 3rd defendant was trying to sell the suit properties to defendants 12 & 13 and therefore, plaintiff issued a legal notice on 18/4/2011 requesting the other defendants to come for partition. Even thereafter, the defendants did not come forward and hence the suit.