BHUVANESWARI Vs. D NIRAMALA DEVI

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 21.04.2017, passed in O.S.No.4783 of 2015, by the XVI Additional City Civil Court, Chennai.

(2.) The first respondent herein, as plaintiff, has instituted O.S.No.4783 of 2015 on the file of the trial Court, praying to pass a preliminary decree of partition, wherein, the present appellant and second respondent has been arrayed as defendants.

(3.) It is averred in the plaint that the suit first item is the absolute property of the father of the plaintiff and defendants viz. R.K.Duraiswamy and he passed away, leaving behind him, the plaintiff and defendants as his legal heirs. The suit second item is the absolute property of the mother of the plaintiff and defendants viz. Selvi and she passed away in the year 2012, leaving behind her, the present plaintiff and defendants as her legal heirs. Since the suit first item is the absolute property of the mother of the plaintiff and defendants, the plaintiff and defendants are each entitled to get 1/3rd share in the suit properties. The plaintiff has requested the defendants to effect an amicable partition. Since the defendants have failed to concede the demand made by the plaintiff, the present suit has been instituted for getting the relief sought therein.