SAMPOORNAM Vs. SATHYA

JUDGEMENT

(1.) Aggrieved over the judgment and decree passed by the learned Principal District Judge, Namakkal in granting preliminary decree for 2/3 share in the suit property, the present appeal came to be filed by the defendants in the suit.

(2.) The parties are arrayed as per their ranking before the trial Court for the sake of convenience.

(3.) The first plaintiff is the wife of one Arulanandam, the second plaintiff is the minor child of the first plaintiff and the said Arulandnandam. The defendants are the parents of the said Arulanandam. The suit properties were settled in favour of Arulanandam by the first defendant as per the Settlement Deed dated 09.06.2003. The first plaintiff was married to the said Arulanandam on 10.07.2003 and lived with her husband and also with the defendants. When the matter stood thus, on 22.12.2007, the said Arulanandam, husband of the first plaintiff met with an accident and died intestate. At that time, the second plaintiff was in the womb of the first plaintiff. After the death of the said Arulanandam, the defendants ignored the plaintiffs. Hence, the plaintiffs have set up a separate residence at Edapadi and residing there. Then, the first plaintiff demanded to get back the jewels worth about Rs.one lakh given to her at the time of marriage and the same was refused and the plaintiffs were forced to leave the house. Hence, the suit for partition of their respective share.