KALIAMMAL Vs. SATHIAH

JUDGEMENT

(1.) THE appellant was the defendant while the respondents were the plaintiffs in the suit.

(2.) THE plaintiffs are brothers and the defendant is their sister. Plaintiffs filed the suit in O.S.No.80 of 1990 on the file of the District Munsif's Court, Ramanathapuram for partition and separate possession of 3/4th share in the suit properties. It is the contention of the plaintiffs that the suit properties were their ancestral properties and therefore, they are entitled to 15/16lh share therein. Even otherwise, they would further contend that in case the suit properties are held to have belonged exclusively to their mother Kuppammal, even then, they are entitled to 3/4th share therein.

(3.) THE trial court framed the requisite issues, reflecting the respective pleadings and on consideration of the materials placed on record, however, dismissed the suit with costs. THE aggrieved plaintiffs preferred appeal in A.S.No.85 of 1992 on the file of District Court, Ramanathapuram, which was allowed granting preliminary decree for partition and separate possession of their 3/ 4th share, directing the parties to bear their own costs. Aggrieved defendant resorted to the present action, besides filing C.M.P.No.611 of 1994 for stay of operation of the decree of the lower appellate court.