PADMA VATHYAMMAL (DECEASED) Vs. KRISHNAVENI AMMAL (DECEASED)

JUDGEMENT

(1.) This Second Appeal arises out of the judgement and decree dated 23.08.2016, on the file of the XVII Additional Judge, City Civil Court, Chennai, made in AS.No.22 of 2010, dated 23.0.2017, confirming the Judgment and Decree of the learned XVIII Assistant Judge, City Civil Court, Chennai dated 08.08.2008 made in OS.No.2812 of 2004. The Defendants are the Appellants before this Court.

(2.) The above suit was filed for partition originally by one M.Krishnaveni, as the Sole Plaintiff. Pending suit, the Plaintiff died and after her death, her children were brought on record as the plaintiffs 2 to 7 and the 7th plaintiff's son was brought on record as the 8th plaintiff. The defendants are the wife and the children of the said Krishnaveni's brother krishnan.

(3.) It is the case of the plaintiff that the property, which is ASchedule of the suit schedule property belonged to her, having purchased the same under a Sale Deed dated 29.05.1971. The "B" schedule property belonged to her mother M.Govindammal and she had purchased the said property out of her own funds under a Sale Deed dated 09.12.193 The said Govindammal had died on 211.1994, leaving behind her, her daughter, the plaintiff and her son Krishnan, as her legal heirs thereafter, the plaintiff and her brother herein were in joint possession and enjoyment of the "B" schedule property.