VASANTHAKUMARI Vs. ROBIN SUNDARA PRABHU

JUDGEMENT

(1.) The plaintiff in a suit, in which she has combined the relief of partition that she seeks against her brother, the eleventh defendant in the suit, and another relief of permanent prohibitory injunction that she claims against defendants 1 to 10 and 12 to 15 not to interfere with her peaceful possession and enjoyment of the suit properties, and having lost her suit in entirety has preferred this appeal. For the sake of convenience, the parties would be referred to by their ranks before the Court below.

(2.) The suit properties described in five items are spread over five different villages in Yercaud Taluk, Salem District. These properties according to the plaintiff originally belonged to a certain Devasagaya Gounder. On his death, the properties devolved on his son Perinba Gounder. From now, it is necessary to provide a short genealogical detail:

(3.) 3.1 The controversy here is between the heirs of Kirubhai Samadhanam's daughter born through her second husband, and her four sons through her first husband. The plaintiff contends that inasmuch as the suit properties belonged to Perinba Gounder, on his death the same devolved on his daughter Ruth and upon whose demise the properties devolved on her two children, namely the plaintiff and the eleventh defendant.