MANIMOZHI Vs. ELAVARASI

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 16.12.2016, passed in O.S.No.13 of 2013 by the Principal District Court, Villupuram.

(2.) The respondent herein, as plaintiff, has instituted O.S.No.13 of 2013, on the file of the trial Court, praying to pass a preliminary decree of partition to an extent of half share in favour of the plaintiff, wherein, the present appellants have been arrayed as defendants.

(3.) The material averments made in the plaint are that the first defendant and his brother Arul are sons of one Veeramani. The said Arul has married the plaintiff. In the year 1968, a partition has been effected between the sons of Rangasamy, namely, Veeramani and Anichan, wherein, the suit items 3 to 6 have been allotted to the share of the said Veeramani and he passed away in the year 1995, leaving behind him, the husband of the plaintiff and first defendant as his legal heirs. The suit properties are joint family properties. The husband of the plaintiff has passed away on 23.01.2012, leaving behind him the plaintiff alone as his legal heir. Despite of repeated demands made by the plaintiff, the first defendant has not conceded for having amicable partition. Under the said circumstances, the present suit has been instituted for getting the relief sought therein.