N JAYALAKSHMI Vs. M GANAPATHY

JUDGEMENT

(1.) A.S.No.215/1996 has been directed against the decree and Judgment in O.S.No.31 of 1990 on the file of the Court of Subordinate Judge, Nagapattinam. A.S.No.266 of 2000 has been directed against the decree and Judgment in O.S.No.74 of 1997 on the file of the Court of Subordinate Judge, Nagapattinam.

(2.) THE admitted facts in both the appeals are that Mahalingam and Rajammal had three daughters and one son viz., Kamalambal, Vedambal, Jayalakshmi and one Ganapathy. It is further admitted that another son of the said couple Mahalingam and Rajammal died unmarried. One of the daughters by name Jayalakshmi, the plaintiff in O.S.No.31 of 1990, the first defendant in O.S.No.74/1997 is the sister of Ganapathy. THE children of the said Ganapathy have filed O.S.No.74 of 1997, against their father's sister, Jayalakshmi (plaintiff in O.S.No.31 of 1990(their aunt). O.S.No.31 of 1990 was filed by Jayalakshmi for partition of half share in the plaint schedule properties. THE plaintiffs in O.S.No.74 of 1997 have filed the said suit for partition of their 3/4th share in each item of the plaint schedule properties to the plaint in O.S.No.74 of 1997. THE plaint "A" schedule property, Item No.1 to IV in O.S.No.74 of 1997 are the plaint item Nos. 1 to IV in O.S.No.31 of 1990. "B" schedule property to Ex A1 partition deed dated 24.4.1970, entered into between the mother Rajammal and her son, Ganapathy( D1 in both the suits) is the plaint "B" schedule property in O.S.No.74 of 1997.

(3.) THE first defendant in his additional written statement would contend that in or about 1960, the first defendant had renovated suit Item No.1 house by spending Rs.40,000/- Further in the year 1961, he has also put up additional construction by spending Rs 5,000/- on the backyard of suit Item No.1 House. THE second defendant remind exparte.