A KAKKAPPAN (DIED) Vs. KARUPPAYEE AMMAL

JUDGEMENT

(1.) The Second appeal had been filed by the first defendant in O.S.No.418 of 1999 on the file of the II Additional Subordinate Court, Madurai.

(2.) O.S.No.418 of 1999 had been filed by the plaintiff Karuppayee Ammal, seeking partition and separate possession of undivided 1/5th share in the suit schedule properties. When the suit was filed, there were 7 items of properties. The plaintiff had filed the suit against her brother Kakkappan, her mother Pitchiammal and her two sisters Panchavarnam, Jothi and a fifth defendant Periya Karuppan. The fifth defendant was impleaded since he was said to be negotiating to purchase the tenancy rights in the 6th and 7th items of properties. Item Nos.1 to 5 were grouped in 'A' schedule and item Nos.6 & 7 were grouped in 'B' schedule. It was stated that the father of the plaintiff enjoyed lease hold rights in item Nos. 6 & 7 to the plaintiff. Pending the suit, the second defendant Pitchai Ammal, the mother of the parties died. Consequently, the shares which was sought was amended from 1/5th to 1/4th undivided share. It must also to be mentioned that on 102004 three further item of properties were included as 8, 9 & 10 and like item No.6 & 7 undivided share in the tenancy rights were sought in these three properties also. This suit was decreed by the trial Court except with respect of item No. The plaintiff was granted a preliminary decree for 1/4th undivided share in item Nos.1, 3 to 10 suit properties. This was by Judgment and Decree dated 23.04.2004 passed by the learned II Additional Subordinate Court, Madurai.

(3.) Thereafter, the first defendant had filed A.S.No.138 of 2004 which came up for consideration before the Additional District Court (FTC I), Madurai. By Judgement and Decree dated 26.07.2006, the preliminary decree was modified and the suit was also dismissed with respect to the 4th item of suit property.