MEENA Vs. CHIEF MANAGER

JUDGEMENT

(1.) This Second Appeal has been filed as against the judgment and decree dtd. 13/7/2022 passed by the learned III Additional Judge, City Civil Court, Chennai, in A.S.No.19 of 2016, reversing the judgment and decree dtd. 15/4/2015 passed by the learned VI Assistant Judge, City Civil Court, Chennai, in O.S.No.10802 of 2009, thereby decreed the suit.

(2.) The appellant is the first plaintiff and the respondents are the defendants. For the sake of convenience, the parties are referred to as per their ranking in the trial Court.

(3.) The case of the plaintiffs in brief is that the first plaintiff is the daughter and the deceased second plaintiff is the mother of one Ramaswamy, who is elder brother of the defendants 2 to 4. The said Ramaswamy and his younger brother viz., the second defendant jointly purchased an immovable property bearing Plot No.5, Verghese Avenue, Ashok Nagar, Chennai - 600 083, by the registered sale deed vide document No.1174 of 1978. They were in joint possession and enjoyment of the suit property. While being so, the said Ramaswamy died intestate leaving behind his wife the fifth defendant herein and his daughter viz., the first plaintiff then a minor and his mother the second plaintiff as his legal heirs who succeeded jointly the 50% of undivided share of the suit property. The said Ramaswamy was predeceased to his father viz., Shanmugathevar and subsequently on 4/1/2002 the said Shanmugathevar also died intestate.