R LAKSHMI Vs. N THILAGAVATHI

JUDGEMENT

(1.) THE unsuccessful defendants 1 and 2 in O.S.No.48 of 1991 have come on appeal before this Court, being aggrieved by the judgment and decree of the Subordinate Court, Udumalpet, dated 31.08.1993.

(2.) THE case of the plaintiff as put forth before the Court below is, as under:

(3.) THE Trial Court on an analysis of the evidence on record and on careful consideration of the facts and circumstances of the case held that Item No.1 of the suit schedule property is not an ancestral property and the plaintiff is entitled to 7/40th share likewise the defendants 1, 3 and 4 are also entitled to 7/40th share each and the 2nd defendant is entitled to 12/40th share in the same in respect of the 2nd item of the suit schedule property, the Trial Court held that the plaintiff is entitled to 7/40th share in the same and denied the grant of rent compensation as defendants 1, 2 and 4 are residing there and it is not rented thereby, the court below decreed the suit in favour of the plaintiff. Aggrieved by the same, the defendants 1 and 2 have come on appeal before this court.