N RANI Vs. N BALASUBRAMANIAN

JUDGEMENT

(1.) THIS appeal has been filed by the unsuccessful appellant in a. S. No. 91 of 2002 on the file of the learned First Additional District Judge, tirunelveli, whereby the judgment and decree dated 04. 03. 2002 in O. S. No. 129 of 1994 on the file of the learned Second Additional Sub Judge, Tirunelveli was confirmed as per the judgment and decree dated 17. 03. 2003.

(2.) THE factual matrix, in brief, are as below: the appellant is the brother of the first respondent and the respondents 2 and 3 are the children of the first respondent. The appellant laid the suit for partition of the property of her father Narayana Nadar into three shares and for separate allotment of one such share to her.

(3.) THE suit was resisted by the respondents and according to them, the suit property was partitioned between the parties even during the life time of Narayana Nadar as per document dated 17. 06. 1977 marked as Ex. B. 1, whereby the property in Schedule-III was allotted to the share of the appellant. It is their further case that the share of Narayana Nadar in the property was bequeathed in favour of the respondents 2 and 3 as per the registered will dated 11. 04. 1979 marked as Ex. B. 4 and as such, the share of Narayana Nadar in the property devolved on the legatees and accordingly, there is nothing to be partitioned at the instance of the appellant and as such, they prayed for dismissal of the suit.