K. Rajeswari vs Kungumayee (Deceased)

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2277

P. DHANABAL
K. Rajeswari – Appellant
Versus
Kungumayee (Deceased) – Respondent

Advocates:
Advocate Appeared:
For the Appellants : H. Lakshmi Shankar, V. Vanangamudi
For the Respondents: S. Anand Chandrasekar, Sarvabhauman

JUDGMENT :

P. DHANABAL, J.

1. This appeal has been preferred as against the judgment and decree passed in O.S. No. 144/2008 on the file of the learned Additional District Judge, Fast Track Court, Dindigul wherein the respondent herein had filed a suit as against the appellants for the relief of declaration and recovery of possession of 1st Item of the suit schedule properties and sought for the relief of partition of her 1/4th share over the 2nd to 4th Items of the suit schedule properties and also for mesne profits.

2. The trial Court has decreed the suit in its entirety. Aggrieved by the said decree and judgment, the present appeal has been filed by the defendants/appellants.

3. The brief averments of the plaint are as follows:

Originally the land in Survey No. 120/1, Chitharevu Village, Palani, belonged to the parents of the plaintiff through sale deed. In the year 1988, the father and mother of the plaintiffs partitioned their properties and 1st Item of the suit schedule properties was allotted to the mother of the plaintiff by name Kaliammal. Thereafter, the mother of the plaintiff had been in possession and enjoyment of the said property by obtaining separate patta and paying kist