HAMSAVALLI Vs. S JAYANTHI

JUDGEMENT

(1.) Challenging the preliminary decree for partition passed in O.S.No.5 of 2003 on the file of Additional District Judge, Cuddalore (originally the suit in O.S.No.156 of 1998 on the file of Sub Court, Cuddalore), the first defendant therein has come forward with this appeal.

(2.) The brief facts which are necessary for the disposal of this case may be stated as below :

(3.) So far as Item No.3 of A-schedule is concerned, the first defendant has contended in her written statement that Item No.3 was bequeathed by Andal to her husband Sethuraman Vide registered Will dated 17.05.1979. This Will was marked as Ext.B-1. On 12.02.1997, Sethuraman died, upon which the Will took effect. So far as Item No.4 of A-schedule is concerned, the first defendant would allege that notwithstanding the fact that the property was purchased jointly in the name of Sethuraman and Thilagavathy, the third plaintiff, Sethuraman had half share in the said item and therefore, she was entitled to 1/5 share in all the suit properties.