BALAKRISHNAN Vs. SELVI

JUDGEMENT

(1.) This second Appeal is directed against the reversing judgment of the lower appellate court in the suit for partition and separate possession, decreed in favour of the plaintiff.

(2.) For the sake of brevity the parties are described as per their status and rank as found in the plaint.

(3.) The case of the plaintiff is that the suit properties are the ancestral properties of one Ethiraj Ramanuja Dasar, who is arrayed as the first defendant. The plaintiff is the daughter of the second wife viz., Andal ammal. She was not given any share in the suit property, when the defendants 1 to 5 divided the joint family properties among themselves on 28.09.1990. Even before the said partition, the first defendant has sold some of the suit properties to the defendants 6,7 and 8 through sale deeds particularly, the property in S.No.227/3C. Out of total 40 cents of land, 15 cents of land has been allotted to the first defendant through partition deed and from and out of the 15 cents, the first defendant has sold 4-1/2 cents of land to defendants 6,7 and 8, which does not bind the plaintiff. Hence, as one of the sharers of the ancestral property, she is entitled for 1/6th share in the suit schedule property.