LAWS(MAD)-1995-2-57

KAMAKSHI AMMAL Vs. RAJALAKSHMI

Decided On February 07, 1995
KAMAKSHI AMMAL Appellant
V/S
RAJALAKSHMI Respondents

JUDGEMENT

(1.) 8th defendant in O.S. No. 474 of 1979 on the file of Sub Court, Tiruvannamalai is the appellant, in this first appeal against the preliminary decree for partition, in respect of the suit properties claimed to be that of one Pavunambal, the mother of plaintiff and defendants 2 to 6 anti wife of the 1st defendant, granted by the said Court in favour of the 1st respondent-plaintiff.

(2.) . The suit properties are described in A to E Schedules to the plaint. As prayed for by the plaintiff, the Court below has granted the abovesaid decree for the 1/7th share in plaint A, B and E schedule properties, 1/4th share in plaint C schedule properties and 1/14th share in plaint B schedule properties.

(3.) The undisputed facts are : Velayutham Chattiar, the 7th defendant had two daughters, the 8th defendant and one Pavunambal, who died on 16-7-1979, leaving her husband, the 1st defendant, her five daughters, the plaintiff and defendants 2 to 5 and one son, the 6th defendant. Defendants 1 to 6, who are respondents 2 to 7 herein remained ex parte in the suit as well as the appeal. The 7th defendant also died in 1981, pending suit and 8th defendant was recorded as the legal representative of the 7th defendant.