RAJAMBAL Vs. SAKUNTHALA

JUDGEMENT

(1.) The instant Second Appeal has been filed at the instance of the Defendants 7 & 8. The Respondents 1 to 6 are the Legal Heirs of the deceased Plaintiff and the Respondents 7 to 12 are the Defendants 1 to 6 before the Trial Court.

(2.) For the sake of convenience, the parties will be referred to according to their litigative status before the Trial Court.

(3.) The brief facts which gives rise to the instant Second Appeal is that: According to the Plaintiff, the Suit property is the absolute property of mother of the Plaintiff - Thaiyal Nayagi. After her demise, the Plaintiff become entitled for 1/3rd share. On the date of the filing of the Suit, among the 7 Legal Heirs of Thaiyal Nayagi, three Legal Heirs were alive and others died issueless. According to the Plaint, the Plaintiff is the son of Thaiyalnayagi and the Defendants 1 to 6 are the grand children of Thaiyal Nayagi through the other sons and the Defendants 7 & 8 are the grand daughters of Thaiyal Nayagi through her daughter Soramma.