RAJESWARI Vs. ARUNACHALA NADAR

JUDGEMENT

(1.) This litigation commenced two decades and three years ago. To be precise, it commenced 23 years ago on 01.02.1995 when one Rajeswari filed a partition suit in O.S.No.82 of 1995 on the file of the 'Principal District Munsif court, Valliyur', which shall hereinafter be referred to as 'trial court' for the sake of convenience and clarity. There were three defendants in the suit. Defendants are plaintiff's father's blood brothers. There are three items of properties which form subject matter of the suit and those three items as described in the plaint schedule are as follows :

(2.) According to the plaintiff, suit properties originally belonged to one Samuvel Nadar, who is her great grand father. Samuvel Nadar died leaving behind two sons, viz., Subramania Nadar and Shambulinga Nadar. Shambulinga Nadar died leaving behind four sons, viz., one Sivanainda Nadar @ Perumal Nadar (plaintiff's father) and three defendants. Suit properties belong to Hindu undivided coparcenary family consisting of Shambulinga Nadar and his four sons, is plaintiff's say.

(3.) It is the case of plaintiff that Shambulinga Nadar and Subramania Nadar orally partitioned properties inherited by them from their father Samuvel Nadar and suit properties were allotted to Shambulinga Nadar. After the death of Shambulinga Nadar, his sons are entitled to 1/4th share in suit properties. It is also the further case of plaintiff that after her birth in 1968, her father died on 15.01.1969 leaving behind the plaintiff and her mother as legal heirs. After the death of plaintiff's father, plaintiff's mother married some one else and plaintiff was with her grand mother is her say. Be that as it may, it is plaintiff's case that she is entitled to her father's 1/4th share in suit properties.