M K VITTAL RAO Vs. P PUSHPA DEVI

JUDGEMENT

(1.) The appeal arises out of judgment and decree dated 30.09.2005 made in A.S.No.7 of 2004 on the file of the Sub Court, Tirupathur, confirming the Judgment and decree dated 28.11.2003 in O.S.No.392 of 1995 on the file of the District Munsif Cum Judicial Magistrate, Vaniyampadi.

(2.) The defendants, who are the husband and wife, are the appellants before this Court, challenging the decree granted by the Trial Court in the suit for partition, wherein the plaintiff was declared 2/5th share.

(3.) The case of the plaintiff is that she has purchased the property by virtue of sale deed dated 22.09.1986 under Ex.A1, from one Gangubai Ammal, who had purchased the undivided 2/5 share in the suit schedule property from the erstwhile owners on 22.11.1982 under Ex.A2. The plaintiff is owning a house property adjoining to the suit property on its eastern side. The defendants are entitled to 3/5th share and the plaintiff is entitled to 2/5th share in the suit property. As there was no partition between the parties, the suit has been filed for partition.