K.S.VENKATARAMAN
Sowdammal alias Sundarammal – Appellant
Versus
Veerammal – Respondent
This is an appeal by the plaintiff against an order of remand made by the learned Subordinate Judge of Coimbatore. The main contest between the parties is whether the house in respect of which partition was sought was the joint family property of Sreeranga Chettiar, the deceased father-in-law of the plaintiff or his separate property. If it was joint family property, the plaintiff would have a larger share than if it was a separate property, because if it was joint family property the plaintiff’s deceased husband Nanjappa Chettiar would in his own right have been entitled to one-third share and the plaintiff would be further entitled to the share of Sreeranga Chettiar along with the others. The learned District Munsif, who tried the suit, on a consideration of the evidence, accepted the case of the plaintiff. On appeal preferred by the first defendant, the learned Subordinate Judge felt some difficulty in deciding the case and he thought that in the interests of justice, the suit should be remanded to the trial Court to allow both parties to let in more satisfactory evidence. Actually an endorsement was made by the learned Counsel for the defendants in the trial Court tha
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