MANICKA AMMAL Vs. SAMIAPPA NADAR (DIED)

JUDGEMENT

(1.) The unsuccessful plaintiff is the appellant in this appeal. The suit in O.S.No.99 of 1986 (O.P.No.15 of 1984) on the file of the III Additional Subordinate Judge, Coimbatore was actually initiated on 3.12.1983, wherein, the plaintiff has sought for partition of the suit properties into four equal shares and delivery of possession of one such share to her pursuant to the alleged family settlement dated 24.07.1983.

(2.) The plaintiff had sought for partition claiming that the suit properties belonged to the family of one Mariyappa Nadar, her paternal grand father and that pursuant to the pious wishes expressed by the said Mariyappa Nadar, there was a family arrangement on 24.07.1983, in the presence of Panchayatdars, wherein, it was decided that the 2nd defendant, namely her brother, would get half share and herself and the 4th defendant being daughters of the 1st defendant Samiyappa Nadar, would get < share each. A mosaic industry functioning in the 1st item of the suit schedule was allotted to the defendants 1 and 7 namely, father and mother. The genealogy of the family is as follows:

(3.) The sum and substance of the plaintiff's case is as follows: