RAMASWAMI GOUNDER
Akkammal – Appellant
Versus
Kullampattiyan alias Velappa Naicken – Respondent
This is an appeal preferred against the Decree and Judgment of the learned Additional Subordinate Judge, Salem, in A.S. No. 140 of 1953, reversing the Decree and Judgment of the learned District Munsif of Salem in O.S. No. 362 of 1951.
The facts are: - The plaintiff Akkammal, widow of one Venkiti Naickan who died in Mardh 1946, sued her parents-in-law, defendants one and two, and her brother-in-law, the third defendant, for partition in regard to non-agricultural lands and properties, and maintenance on the basis of the agricultural lands. The defendants contested the suit on the ground that the first item of the plaint A Schedule is the separate property of the second defendant and is not partible and similarly the second item of the A Schedule is a promissory note debt due by Kuppa Naicker to the second defendant, that items 1 to 6 of the plaint B Schedule are the stridhana properties of the second defendant and that the second defendant had already sold items 2 and 3 to one Akkandi Naicker about ten years ago and that the 7th item belongs to the second defendant by purchase and is her separate property and that therefore the B Schedule properties are not partible and on t
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