C.CHINNAPPA Vs. JAYAMMA

JUDGEMENT

(1.) This case has a checkered history. The suit schedule mentioned properties are items belonging to one Chinna Mallegoudu @ Mallaiah. Mallaiah and his wife Ammaiakka @ Puttamma had one son by name Puttiah and 5 daughters namely Mallamma (deceased), Jayamma, Devarajamma, Dhakshayini @ Sulochana and Nirmala. Mallamma seems to have passed away leaving behind her husband Mahadevan and three daughters namely Sailashri, Bhuvanashri, Sudhashri as her legal heirs.

(2.) Tmt.Mallamma filed a suit for partition and separate possession in O.S.No.105 of 1974 on the file of the District Munsif Court at Hosur. She sought for the relief of partition by metes and bounds and separate possession of her 1/7th share. The present suit schedule mentioned property namely S.No.225 of Arulam village in Denkonikottai taluk, Dharmapuri District (presently Krishnagiri District) is shown as item 1 of the suit schedule mentioned property in O.S.No.105 of 1974. Summons were issued in the said suit and the defendants entered appearance before the Court on 28/6/1974. The suit was decreed as prayed for, with costs.

(3.) To put the preliminary decree so obtained into operation, an application was taken out for passing of final decree in I.A.No.1144 of 1975. The said final decree application was allowed on 26/4/1975. At the time of final decree, it was noticed that there were practical difficulties in dividing the house and house sites and therefore, the plaintiff therein, Mallamma, gave up her right with respect to house and house sites and in lieu of this giving up of her share, she was alloted additional extent of 1.40 cents to her share in Survey No.225 of the aforesaid Village.