P.R.SHIVAKUMAR
A. Saraswathy – Appellant
Versus
Thangamuthu – Respondent
This Second Appeal has arisen out of the Judgment and Decree of the Learned Principal District Judge, Erode dated 24.08.1999 made in A.S.No.87 of 1999.
2. A.Saraswathi, the appellant in the second appeal filed the suit O.S.No.727/1996 on the file of the Principal District Munsif, Erode for partition and separation of her 1/4th share in the suit property, a house property in Erode Town. She claimed that the said property was the separate property of her father Kuppanna Gounder, who died intestate about 35 years prior to the filing of the suit and that by virtue of the rule of succession provided under the Hindu Succession Act, 1956 she became entitled to a share in the suit property as one of the legal heirs of Kuppanna Gounder. Kuppanna Gounder left behind him according to the appellant/plaintiff two daughters, namely the plaintiff Saraswathi and the 8th defendant Pavathal and two sons by names Ponnusamy and Thangamuthu besides his widow Chinnammal and all of them became entitled to an equal share in the property left by Kuppanna Gounder. Thus on the death of her father Kuppanna Gounder, the appellant/plaintiff became entitled to 1/5th share. Subsequently, Chinnammal, the w
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