MARIE LOUISE Vs. MARIE BERNADETTE

JUDGEMENT

(1.) The defendant in O.S. No. 53 of 1999 on the file of the Additional District Judge, Karaikal is the appellant in this appeal. The suit was filed by the plaintiff/respondent herein for partition claiming half share in suit 'A' and 'B' schedule properties. The suit was decreed as prayed for, which resulted in filing of the present appeal by the defendant/appellant.

(2.) For the sake of convenience, the parties shall be referred to as Plaintiff and Defendant, as they were arrayed before the trial Court.

(3.) The Plaintiff and defendant are sisters born to Paul Pacroni Ignace and Pajani Ammalle @ Lourde Marie Paul. The said Paul Parconi Ignace was a Brigadier in the French Army and he possessed extensive properties in Karaikal and Pondicherry, which were acquired out of his own funds. The said properties are the subject matter of the suit filed by the plaintiff. Mr. Paul Pacroni Ignace died on 15.6.1968 leaving behind his wife Ms. Pajani Ammalle and two daughters, the plaintiff and defendant herein. According to the plaintiff, the properties left out by their father are more fully described in the schedule hereunder. Her father left behind a Will by which the entire property acquired by him were given to his wife Pajani Ammalle to be enjoyed till her life time. Her mother Pajani Ammalle executed a 'Will' during 1992 and thereafter cancelled it. According to the plaintiff, as per the French Law, with or without a Will, the widow holds the property entirely until her life time and thereafter, the children can take them equally. It is further stated that her mother Pajani Ammalle has made some improvements in the properties from and out of the pension received by her, especially for the house at Gnanaprakasam Street, Karaikal. The Plaintiff, her husband and their children are living at France by reason of their occupation and education. The defendant was with the mother, assisting her and the mother was depending the defendant entirely due to her ill health. On 3.9.1993, Pajani Ammalle died at Karaikal. At the time of her death, Pajani Ammalle had jewels in the residential house and also in the locker at State Bank of India. According to the plaintiff, the widow Pajani Ammalle has no extended right over the properties of her husband than the one conferred by law. It was further contended that the dwelling house is constructed in such a manner that it has two separate houses connected by a path. It has been built as two independent houses with a connecting pathway so as to be enjoyed by the plaintiff and defendant equally.