S VELU Vs. PALANIANDI

JUDGEMENT

(1.) This Second Appeal has been directed against the judgment in A.S. No. 109/1991, on the file of learned Additional Sub-Judge, Tiruchi, which had arisen out of a decree and judgment in O.S. No. 1062/1988, on the file of the learned II Additional District Munsif's, Tiruchi.

(2.) The appellants are the plaintiffs, who have filed a suit for partition to divide the suit property into six equal parts and to allot 1/6 share to the plaintiffs. They have succeeded in the trial Court by getting an allotment of 1/4 share, but, have lost before the first appellate Court. Against which, they have preferred the present appeal. During the pendency of the suit, the first plaintiff died and the LRs, are brought on records as defendants 10 to 12 and during the pendency of the second appeal, the first appellant died and the L.Rs are brought on record as 12 to 14 appellants. The contesting defendant is the first respondent who was the 6th defendant.

(3.) The brief case of the plaintiff is that the suit property originally belonged to one Senbagathaammal, who died somewhere in 1930 and her property devolved on her only daughter Annathammal. The said Annathammal also died somewhere in 1940. The said Annathammal had six daughters and two sons. Out of them, Ayyammal died unmarried. One more daughter named Chandra, also died issue less. Yasoda died leaving behind her four sons and four daughters, who are the plaintiffs. The other heirs are defendants 1 to 5. D1 to D3 are daughters, D4 and D5 are sons. Six daughters have inherited the property of Annathammal, which belongs to the Senbagathaammal and therefore, it has to be divided into six shares and the plaintiffs being the legal heirs of one of the sharers viz., Yasoda they are entitled to 1/6th share in the property. The first defendant is in possession of the property with her daughter. The sixth defendant claims a right over the property alleging that he had purchased the property from one Kannu Pillai who alleged to have purchased the property in a court auction in a suit were the 5th defendant was the Judgment debtor. According to the Plaintiffs the property belonged to the daughters and the plaintiffs are claiming 1/6 share.