LAWS(MAD)-2024-11-13

VASUMATHI Vs. R.VASUDEVAN

Decided On November 08, 2024
VASUMATHI Appellant
V/S
R.VASUDEVAN Respondents

JUDGEMENT

(1.) This second appeal is preferred by the plaintiffs in O.S. No.505 of 2008. The suit is laid for partition of one item of immovable property. Broadly, it is the daughters' suit for partition against their father and brothers claiming a share in the ancestral property as coparceners. They were successful before the trial Court, and obtained a preliminary decree for partition of 1/5 share each in the suit property, whereas before the first Appellate Court in A.S.No.57 of 2021, which the defendants had preferred, the plaintiffs suffered a reversal of fortune and lost their suit. Hence, this appeal. Parties would now be referred to by their rank before the trial Court. Facts :

(2.) The quintessential facts disclosed in the pleadings are:

(3.) Both the suits were jointly tried, and evidence was recorded in O.S.505 of 2008. During trial, for the plaintiffs, second plaintiff was examined as P.W.1 and she had produced Exts. A1 to A5. For the defendants, the second defendant examined himself as D.W.1 and he had produced Exts.B1 and B2, the separate settlement deeds which the first defendant had executed in favour of defendants 2 and 3.