K. S. V. NATARAJA NADAR Vs. TMT. DURGA

JUDGEMENT

(1.) The unsuccessful defendants in O.S.No.5 of 2004 have preferred the appeal in A.S.(MD)No.35 of 2006. The unsuccessful plaintiff in O.S.No.6 of 2004 has preferred the appeal in A.S.(MD)No.43 of 2006.

(2.) The suit in O.S.No.5 of 2004 has been filed for seeking partition claiming 1/4th share in the suit schedule property and the suit in O.S.No.6 of 2004 has been filed for partition claiming 1/2 share in the suit schedule property. The trial Court decreed the suit in part in O.S.No.5 of 2004 and thereby, allotted 1/4th undivided share in the item No.2 to 5 of 'A' schedule and 1/4th undivided share from the 1/3rd share belongs to the 1st defendant's family in the item No.1 of 'A' schedule and the 'B' schedule. The suit in O.S.No.6 of 2004 is dismissed.

(3.) The brief case of the plaintiff in O.S.No.5 of 2004 is as follows:-