MEENAKSHI Vs. KANNAMMAL

JUDGEMENT

(1.) The Plaintiff is the Appellant herein and the Defendant is the Respondent herein. After the demise of the Sole Respondent, her Legal Heirs were impleaded as the Respondents 2 & 3.

(2.) For the sake of convenience, the parties will be referred to according to their litigative status as before the Trial Court. The brief facts, which gave rise to the instant Second Appeal, are as follows:

(3.) The Suit property originally belonged to one Maruthachalam, who had two wives. The First Wife is the Plaintiff and the Second Wife is the Defendant. According to the Plaintiff, on 10/7/1990, the said Maruthachalam executed a Will giving Life Estate to the Plaintiff and the Defendant. As per the Will, the Plaintiff and the Defendant are equally entitled to reside in the Suit property till their lifetime. It was the further submission of the Plaintiff that by virtue of the Judgment in O.S. No.385 of 1991, she is entitled to have Life Interest over the Suit property. It was the further contention of the Plaintiff that when her possession was disturbed, she instituted another Suit in O.S. No.245 of 1995, wherein, she was directed to file the instant Suit. Hence, she has come up with the Suit for Partition to divide the Suit property into two equal shares and allot one such share in her favour.