M. GIRIJA Vs. N.M. GOPINATH

JUDGEMENT

(1.) The unsuccessful plaintiff before both the courts below has filed the present second appeal.

(2.) The parties are referred to as per their ranking in the original suit and at appropriate places, their ranks in the present second appeal would also be indicated, if necessary.

(3.) The brief case of the plaintiff: The plaintiff and the defendants 1, 2, 6 and 7 and late Parthasarathy are the children of late Munusamy Naidu and late Sundarakannammal. The defendants 3, 4 and 5 are the legal heirs of late Parthasarathy. The properties described in Á', 'B', and 'D' shedules were originally owned by the plaintiff's father N.Munusamy Naidu. He also mortgaged the 'C' schedule property in favour of the 8th defendant. Since the properties are the self acquired properties of Munusamy Naidu, the plaintiff is entitled to 1/6th share in the suit property. The plaintiff's father died on 30.05.2002 and her mother predeceased her father. When the plaintiff demanded the defendants 1 to 3 for partition of the suit properties, they refused to do so, which forced the plainitff to issue a lawyer's notice dated 15.12.2003 (a copy of which is marked as Ex.A1) to them. The defendants sent a reply dated 24.12.2003 (Ex.A2) contending that late Munusamy Naidu during his lifetime, executed a Will dated 18.03.1992 (Ex.B1) in favour of his sons Parthasarathy, N.M. Devaraj(D1) and N.M. Gopinath (D2). According to the plaintiff, her father never executed Ex.B1 Will in favour of the defendants 1 to 3 and that the 8th defendant was paying a portion of the yeild from the 'C' schedule property to her father in lieu of interest. Her further contention is that after her father's death, the defendants 1 to 3 were collecting the same. She has therefore, filed the suit for partition of the suit properties into six equal shares and to allot one such share to her.