KONA VARONICA SWARNAMUKHI Vs. DEVIKA RANI

JUDGEMENT

(1.) This Original side appeal is filed as against the Judgment and decree dated 28.04.2008 passed by the learned Single Judge in C.S. No. 500 of 2002, whereby the suit filed by the appellant/plaintiff was decreed in part only to the extent of declaring her right in respect of undivided one half share in plaint item No.1 of the properties and 35% undivided right in the land in plaint schedule item No.2 with an observation that the plaintiff has to seek her remedy for possession by filing a suit for partition. At the same time, the learned Single Judge dismissed the suit in so far as it relates to item No.3 of the properties. The claim of the plaintiff for mesne profits, both past and future, in the plaint schedule item Nos.1 and 2 of the properties, was directed to be pursued by instituting a separate proceedings under Order 20 Rule 12 of C.P.C. Aggrieved by the Judgment and Decree in disallowing some of the claims made by the plaintiff in the suit, she has come up with the present Original Side Appeal.

(2.) The appellant, as plaintiff, has filed the suit in C.S. No. 500 of 2002, for the following reliefs:-

(3.) The appellant, as plaintiff, has filed the suit contending that her father Late. Sampathi Bhoopal was a dance master and he died on 30.05.1976. According to the plaintiff, under the able guidance of her father, she learnt Classical Bharatha Naatiyam and specialised in 108 Karnas and she was the only unique Bharatha Nattiyam Dancer of that class. The plaintiff became so popular in the field of dance that she was adopted by the Government of Tamil Nadu as "State Dancer" and she was also conferred with the title "Kalaimamani" recognising her contribution to the field of art. The Plaintiff has performed innumerable dance programmes ever since 1960 not only in Tamil Nadu, but also throughout India and 52 countries out of India, until March 1991, when she got married and thereafter stopped performing dance programmes.