VIJAYA Vs. VEERAPATHIRAN AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S. No.352 of 2008 on the file of the learned II Additional District Munsif, Salem is the appellant herein. The respondents are the defendants in the suit. It was a suit for partition filed by the plaintiff. The trial Court by decree and judgement dated 31.01.2012, dismissed the suit. As against the same, the appellant filed an appeal in A.S. No.40 of 2012 on the file of the learned Principal Subordinate Judge, Salem. The First Appellate Court by decree and judgement dated 30.11.2012 dismissed the appeal thereby confirming the decree and judgement of the trial Court. Challenging the same, the appellant is before this Court with this second appeal.

(2.) THIS second appeal has come up today for admission. I have heard the learned counsel for the appellant and I have also perused the records carefully.

(3.) IT is the further case of the plaintiff that on 29.04.2002, the first defendant sold away the suit properties to the second defendant and the second defendant, in turn, has sold away the same to the third defendant. The sale said to have been made by the first defendant in favour of the second defendant would not deprive the plaintiff from having her half share, it is contended. Similarly, sale deed dated 01.06.2006 executed by the second defendant in favour of the third defendant also would not deprive the plaintiff from having her half share, it is further contended.