M.SATHYANARAYANAN
Ammini @ Chinnammal – Appellant
Versus
Chenniappan – Respondent
The plaintiff in OS.No.169/2010 filed for partition and for permanent injunction, lost before the Trial Court and in Appeal in AS.No.3/2012 filed before the Lower Appellate Court also, she had lost it and hence, this Second Appeal.
2. It is the case of the appellant / plaintiff that the suit properties admeasuring to an extent of 5.81 acres in Survey Nos.220/1 and 220/2, situate at Veppampalayam Village, Perundurai Taluk, Erode District, belong to the father of the plaintiff and the defendants, viz., one Kolandaiya Gounder and the appellant/plaintiff is the sister of the defendants. The said Kolandaiya Gounder died intestate and the plaintiff and the defendants as well as one more daughter, viz., Chellammal, had succeeded to the estate and the Chellammal died as a Spinster and as such, the plaintiff as well as the defendants are entitled to common 1/3rd share in the property and though the appellant/plaintiff has been repeatedly demanding the defendants to partition the property and give her separate possession; but they failed to do so and taking advantage of the fact that the appellant/plaintiff as a Woman, had also tried to alienate the property and therefore, came forw
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