B.RAJENDRAN
Rajamani – Appellant
Versus
Malleswari – Respondent
1. The Plaintiff is the appellant in this appeal. The Plaintiff has filed the suit in O.S. No. 404 of 1997 for a decree directing the defendants to execute the sale deed for half share in the suit property after receiving the value tobe fixed by the Court.
2. According to the plaintiff, the first defendant is her brother and the second defendant is the daughter of the first defendant. The suit property was owned by Plaintiff and first defendants mother Girija Ammal who died intestate leaving behind the plaintiff and defendants 1 and 2. Therefore, the plaintiff is entitled to half share and the first and second defendants put together have half share in the suit property left by Girija Ammal. But without the plaintiffs consent and knowledge, even though the plaintiff sought to purchase the half share of the defendants 1 and 2 under the right of pre-emption, the suit property was sold by them to the third defendant clandestinely. The third defendant not only purchased the half share owned by the defendants 1 and 2 but a larger extent of land and therefore the sale is invalid, hence, the suit was filed.
3. The first and second defendant remained exparte before the trial c
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