SAMPOORNAM Vs. KARUPPANNA GOUNDER

JUDGEMENT

(1.) The appellant is the plaintiff in O.S.No.76 of 2007 on the file of the Court of District Munsif-cum-Judicial Magistrate, Kodumudi, Erode District and aggrieved by the dismissal of the suit filed for partition and separate possession, vide judgment and decree dated 30.07.2009, filed an appeal in A.S.No.55 of 2009 on the file of the Principal Sub Court, Erode, Erode District and lost it and challenging the legality of the same, has filed this second appeal.

(2.) The facts, leading to the filing of this second appeal, briefly narrated as follows. For the sake of convenience the array/nomenclature of parties adopted by the trial Court is adopted in this second appeal also.

(3.) The first defendant is the father of the appellant/plaintiff and her sister was arrayed as the second defendant and pendency of the suit, she died on 12.11.2007 and her legal representatives were added as defendants 3 to 5. It is the case of the appellant/plaintiff that the suit property, measuring to an extent of 12 cents and the thatched shed put up thereon along with pathway in New S.No.318/15, Old S.No.275, Chennasamuthiram Village, Erode District, is a joint family property and the plaintiff and the defendants are in joint possession and as such, the appellant/plaintiff is entitled to ?rd share, the first defendant is entitled to ?rd share and the legal representatives of the deceased second defendant are entitled to ?rd share each. The appellant/plaintiff would further aver that since all of them are in joint possession, some difference of opinion arose between them and therefore, the appellant/plaintiff prayed for partition and separate possession and despite requests made, the first defendant did not come forward to partition and give separate possession of the property. Therefore, came forward to file the said suit.