N. MARITHOPPAI (DIED) Vs. ALAMELU

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment and Decree, dated July 16, 2020 made in A.S. No.24 of 2012 by the 'Subordinate Court, Sankari' [henceforth 'First Appellate Court'], reversing the Judgment and Decree, dated July 30, 2012 passed in O.S. No.196 of 2010 by the 'District Munsif Court, Sankari' [henceforth 'Trial Court'].

(2.) For the sake of convenience, hereinafter, the parties will be referred to as per their array in the Original Suit.

(3.) The Suit Properties originally belonged to one Angammal, wife of Chinnappa Gounder. She died leaving behind her two daughters, namely Periya Mallammal and Chinna Mallammal, as her Legal Heirs. Aforesaid Chinna Mallammal died issueless leaving behind her sister Periya Mallammal as her sole Legal Heir. Periya Mallammal died on December 7, 2009 leaving behind her husband - Marithoppai (Plaintiff) and her daughter Alamelu (1st Defendant), as her Legal Heirs. After the demise of the Plaintiff's-Wife - Periya Mallammal, the Plaintiff and the 1st Defendant are each entitled to half-a-share in the properties of Periya Mallammal viz., the Suit Properties. The Plaintiff and the 1st Defendant are jointly enjoying the Suit Properties without Partition.