SWAMIKKANNU

The second plaintiff Mariammal in O. S. No. 108 of 1974, on the file of the Subordinate Judge, Mayuram, is the appellant herein. The suit was filed by one Nagammal for partition and separate possession of the plaintiffs 1/6th share in all the suit properties which included both immovables and movables. Her daughter, Mariammal, was the third defendant. She is her only heir. Pending suit Nagammal died and therefore, the third defendant transposed herself as the second plaintiff as per order of the trial Court and has claimed half share in all the suit properties and for partition of the same.

2. The case of the plaintiff as stated in the plaint is as follows:- One Chinnathambia Pillai had three wives, of whom first wife had predeceased him and the original plaintiff Nagammal and the first defendant Govindammal are respectively his second and third wives. Kanagambujam, the second defendant, is the daughter of the first defendant. She died pending the suit and her legal representatives are defendants 4 to 7. The fourth defendant has also made some claim in respect of the suit properties independently and therefore, he has also been impleaded as the fourth defendan