(1.) THIS appeal has been preferred as against the judgment and decree dated 15. 10. 1998 passed in O. S. No. 342 of 1995 on the file of the Additional subordinate Judge, Pondicherry.
(2.) THE appellant claiming herself to be the daughter of respondents 1 and 2 and the sister of respondents 3 to 5, filed the suit for partition to divide the suit properties into five equal shares and for allotment of one such share in her favour.
(3.) THE suit claim was resisted by the first respondent, contending that the appellant had no right to claim for partition, inasmuch as the parties to the suit being domiciled at Pondicherry, there was no question of any right in the appellant to claim for partition, that the first respondent/first defendant, who is the legitimate son of his father Kesava Gounder, in whose name the properties originally stood, is alive and therefore there was no scope for considering the claim for partition at the instance of the appellant.