KOKILA Vs. SWATHANTHIRA

JUDGEMENT

(1.) THE above appeal is preferred by the plaintiff having aggrieved by the judgment and decree of the trial Court rejecting the relief sought for in the suit with respect to plaint "A" schedule property, dwelling house.

(2.) THE plaintiff is the sister of defendants 1 to 3. 4th defendant is the wife of 1st defendant, who is the brother of the plaintiff. Defendants 5 and 6 are daughters of 1st defendant. THE 2nd defendant is the unmarried daughter of one Rathina Sabapathy and sister of the plaintiff and defendants 1 and 2. THE appellant/plaintiff filed a suit in O.S.No.3053/1998, on the file of the 7th Addl. City Civil Court, Chennai for partition of the suit properties, mentioned as plaint "A" and "B" Schedules, into 4 equ al shares and allot one such share to her. She filed the suit stating that the suit properties are the absolute properties of Rathina Sabapathy, her father who died leaving the appellant/plaintiff and defendants 1 to 3 and their mother Krishnaveniammal as his heirs. Krishnaveniammal also died in 1994. Pending suit, 1st defendant also died leaving the 4th defendant, his wife and his daughters 5 and 6. On the basis of the above said pleading, the plaintiff has come forward with the said suit.

(3.) THE plaintiff having aggrieved by the rejection of the suit with respect to "A" schedule property, preferred an Appeal in A.S.No.69/2003. Defendants 2 and 5 filed the Cross Objection, questioning the decree granting partition with respect to "B" schedule property.