CHELLAMMAL AND ORS. Vs. SADHU AND ORS.

JUDGEMENT

(1.) The 4th respondent Mrs.Amirthammal @ Ponammal filed a suit in O.S.No.245 of 1987 on the file of the learned Subordinate Judge, Poonamallee, for partition and for allotment of her 1/5th share in the suit properties. One Mrs.Chellammal was the 5th defendant in the suit. The respondents 1 to 4 herein are the defendants 1 to 4 in the suit. During the pendency of the suit, 5th defendants Mrs.Chellammal died and in her place the appellants herein were brought on record as the legal heirs. The trial court by decree and judgement dated 22.01.1993 decreed the suit as prayed for. As against the same, the defendant 1 to 3 filed an appeal in A.S.No.46 of 2012 before the learned Additional District Judge, Poonamallee. The first appellate court by decree and judgement dated 18.04.2015, allowed the appeal and set aside the decree and judgement of the trial court. Aggrieved by the same, the legal representatives of the 5th defendant have filed the present second appeal.

(2.) The case of the plaintiff - Mrs.Amirthammal @ Ponammal/4th respondent herein is as follows;-

(3.) According to the plaintiff, Sri.Chinnappa Naicker died intestate and, therefore, the suit properties were inherited by Sri.Kuppusamy Naicker. The said Sri.Kuppusamy Naicker also died intestate and, therefore, his 3 sons and 2 daughters are entitled for equal shares. That is how, the plaintiff claims 1/5th share in the suit properties.