V. BETHULAKSHMI Vs. V. VIJAYALAKSHMI

JUDGEMENT

(1.) This appeal had been filed by the Plaintiff in OS. No.235 of 2004, aggrieved by the dismissal of the suit by the I Additional District Judge (PCR) Trichy, by judgement dated 19.12.2006.

(2.) The above said suit had been filed, seeking partition and separate possession of share in the B-schedule property and ?rd share in the A-schedule property and for due profits and for permanent injunction and for other reliefs and costs.

(3.) The Plaintiff and the 1st Defendant are sisters. The Defendants 2 to 4 are the tenants in the suit property. The Defendants 5 and 6 are nationalised Banks, namely, Canara Bank and Indian Bank, wherein it is stated that fixed deposits and other deposits are available, which are also the subject matter, seeking partition. It was stated that the A schedule property is a house property and there was also three shops. The house belonged to one Venkataraman Chettiar, the father of the Appellant, 1st Respondent and their another sister, Bagyalakshmi. and he died in 1951. He executed a Will dated 18.1951. According to the said Will, he gave life estate to his wife Navaneetham Ammal. Thereafter, the property was bequeathed to his three daughters, viz. the Plaintiff, V.Bethulakshmi, the 1st Defendant V.Vijayalakshmi, and the deceased V.Bagyalakshmi. Navaneetham Ammal died on 30.1.1999. Consequently, the three sisters, namely, the Plaintiff, the 1st Defendant and V.Bagyalakshmi were each entitled to an undivided ?rd share in the suit property.