P MOHANAMBAL Vs. K AKILANDESWARI

JUDGEMENT

(1.) The judgment and decree dated 28.03.2017, passed in O.S.No.53 of 2015, by the III Additional District Court, Salem, are being challenged in the present Appeal Suit.

(2.) The first respondent herein, as plaintiff, has instituted Original Suit No.53 of 2015, on the file of the trial Court, praying to pass a preliminary decree of partition in respect of her 1/12 share; wherein, the present appellant and other respondents have been arrayed as defendants.

(3.) In the plaint it is averred that one Sengodan, paternal grandfather of the plaintiff, has constituted a Hindu joint family, consisted of himself and his four sons, namely, Palanisamy, Krishnan, Kuppusamy and Jeyaraman. The said Krishnan has passed away. Likewise, Sengodan has also passed away. The plaintiff is the daughter of Kuppusamy. The suit properties are the joint family properties. Since the suit properties are the joint family properties, the plaintiff is having right of partition. Since the defendants are not amenable for partition, the present suit has been instituted for the relief sought therein.