MEBAL KUMARI Vs. THANKA NADAR

JUDGEMENT

(1.) The plaintiff in the suit in O.S.No.51 of 2006 on the file of the Principal District Munsif Court, Kuzhithurai, is the appellant in the above Second Appeal. The plaintiff filed the suit in O.S.No.51 of 2006 for partition and separate possession of her 1/3rd share in the suit properties.

(2.) The case of the plaintiff is that the first defendant is her father and the second defendant is her brother and that they constitute a Hindu co-parcenary. According to the plaintiff, the suit properties are the ancestral properties of plaintiff and defendants and that the first defendant got the suit properties under a partition deed dated 18.10.1988 for himself and on behalf of the other co-parceners namely the plaintiff and the second defendant. Since the plaintiff remained unmarried as on the date of came into force of the Tamil Nadu Act 1 of 1990, the plaintiff contended that she is entitled to 1/3rd share in the suit properties as a member of the joint family. It was also contended that the plaintiff and the defendants are in joint possession. It was further contended by the plaintiff that the defendants were not willing for an amicable partition despite a demand on 07.02.2006 and that therefore, she was constrained to file a suit for partition.

(3.) The suit was contested by the defendants by filing a detailed written statement specifically denying the averments in the plaint. It is the specific case of the defendants that the plaintiff and the defendants are not Hindus nor they constitute a Hindu co-parcenary. According to the defendants, both the plaintiff and the defendants are born Christians and they are the followers of the Christianity. Since the parties are living as Christians, it was contended by the defendants that they are governed only by Indian Succession Act, 1925 and that the Hindu Succession Act, 1956 is not applicable to them.