RASU PADAYACHI Vs. ANBALAGHI

JUDGEMENT

(1.) THE appellant, who is the 2nd defendant in the suit filed this Second Appeal against the Judgment and decree dated 20.03.2002 made in A.S.No.96 of 2000 on the file of Additional District Court cum Chief Judicial Magistrate Court, Perambalur confirming the judgment and decree dated 22.06.2000 made in O.S.No.160 of 1991 on the file of Subordinate Court, Perambalur.

(2.) FOR the sake of convenience, the second defendant in the suit referred as appellant and the plaintiffs 1 to 3 are referred as respondents 1 to 3 and 1st defendant referred as 4th respondent and 3rd defendant referred as 5th respondent hereafter.

(3.) BRIEFLY the case of the respondents 1 to 3 is that the 1st respondent is wife of 4th respondent and their children are the respondents 2 and 3. According to the respondents 1 to 3, the suit A -schedule properties are joint family properties and therefore, the respondents 1 to 3 and the above said unborn deceased child are entitled to 4/10 shares in the suit properties. It is further stated that the B -schedule properties belongs to 1st respondent and therefore, the 1st respondent is entitled to the above said B -schedule movables or cost of movables of Rs.10,800/ -. Since the 3rd respondent is necessary party to the suit, he is impleaded as a party. Hence, the suit.