VENKATESAN Vs. KALAISELVI

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the judgment and decree dated 29.06.2017 passed in O.S.No.7 of 2012, by the Principal District and Sessions Court, Ariyalur.

(2.) The respondent herein, as plaintiff, has instituted O.S.No.7 of 2012, on the file of the trial Court, praying to pass a preliminary decree of partition, wherein, the present appellants have been arrayed as defendants.

(3.) The material averments made in the plaint are that the first and second defendants are the father-in-law and mother-in-law of the plaintiff. The 3rd defendant is her sister-in-law. The husband of the plaintiff, by name, Senthilkumar, has doused kerosene and set him ablaze and thereby sustained 65% burn injuries and despite of best efforts taken to save his life, he passed away, leaving behind him his wife (plaintiff) and second defendant (mother) as his legal heirs. The suit 'A' Schedule properties, except 3rd item of 'A' Schedule, are settled in favour of the deceased Senthilkumar by his paternal grandfather. The 3rd item of suit 'A' Schedule property has been purchased by virtue of sale deed dated 09.05.1983 by the said Senthilkumar. The suit 'B' Schedule properties have been purchased by virtue of sale deed dated 25.07.1991 by the said deceased Senthilkumar and thus, all the suit properties are his separate properties. Since the deceased Senthilikumar has passed away intestate, leaving behind him, the plaintiff and second defendant, as his legal heirs, the plaintiff is having half share in the suit properties and under the said circumstances, the present suit has been instituted for getting the relief sought therein.