MARIAMMAL Vs. GOVINDAMMAL

JUDGEMENT

(1.) The second plaintiff Mariammal in O. S. No. 108 of 1974, on the file of the Subordinate Judge, Mayuram, is the appellant herein. The suit was filed by one Nagammal for partition and separate possession of the plaintiffs 1/6th share in all the suit properties which included both immovables and movables. Her daughter, Mariammal, was the third defendant. She is her only heir. Pending suit Nagammal died and therefore, the third defendant transposed herself as the second plaintiff as per order of the trial Court and has claimed half share in all the suit properties and for partition of the same.

(2.) The case of the plaintiff as stated in the plaint is as follows:- One Chinnathambia Pillai had three wives, of whom first wife had predeceased him and the original plaintiff Nagammal and the first defendant Govindammal are respectively his second and third wives. Kanagambujam, the second defendant, is the daughter of the first defendant. She died pending the suit and her legal representatives are defendants 4 to 7. The fourth defendant has also made some claim in respect of the suit properties independently and therefore, he has also been impleaded as the fourth defendant and now he also represents as a legal representative to the deceased second defendant. The entire suit properties both movables and immovables originally belonged to Chinnathambia Pillai. He died intestate on 23-1-1974 and as per law, the deceased first plaintiff Nagammal was entitled to 1/6th share and she demanded from defendants 1 to 3 for a peaceful partition but as defendants 1 and 2 did not accede to her demand, she had instituted the suit.

(3.) The third defendant, who was transposed as the second plaintiff on the death of the first plaintiff, filed a separate written statement contending that the plaintiff's case was not true, but however, she would claim partition of her 1/3rd share. She had not paid any court-fee thereon. After the death of Nagammal, the third defendant got herself transposed as the second plaintiff and claimed half share in the entire suit properties.