PATTU Vs. KRISHNAMMAL @ SINGARI

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant herein. The trial court accepted the testamentary dispossession of the suit property against the plea of intestate. Hence, this appeal.

(2.) Pattu, the plaintiff/appellant in her plaint contented that, her father S.R. Chinnia Gowder died intestate on 11.01.1992 in the hospital after brief illness. She is the daughter of his first wife Rajammal. The first defendant Krishnammal @ Singari is his second wife. The second defendant is the daughter of the first defendant. The third to fifth defendants are her sons. The properties described in the suit schedule are the absolute properties of her father. She is entitled for ? share in 'A' schedule property. The 'B' schedule property is the common property of her father S.R. Chinnia Gowder and his brother S.R. Ramasamy Gowder, who died issueless and intestate. The 6th defendant is the wife of S.R. Ramasamy Gowder. So, in B schedule property, the plaintiff is entitled to 1/12 share. Pending suit, the 2nd defendant Kanaka died. So, her husband was brought on record as her legal representative and arrayed as 7th defendant. The 6th defendant Tmt.Saraswathi ammal, W/o S.R. Ramasamy Gowder died issueless. The defendants 3 to 5 are her legal representatives.

(3.) The case of the plaintiff is that, though her father married the first defendant as his junior wife and living with her and her children born through her, her father was fond of her and was in contact with her till 1986. Off late, the defendants 2 to 5 successfully prevented her father from having contact with her and she was not even informed by the defendants about her father's demise when she come to know about the death of her father, she caused notice on 25.01.1992 to the defendants requesting them not to alienate the property till her share is apportioned. The defendants 3 to 5 replied denying share to her in the property and contented that her father S.R. Chinnia Gowder has bequeathed all his properties to them through a Will dated 3.01.1992, a day before he was taken to hospital.