S.Rathnasabapathy (died) vs R.Sakthivel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Mad) 2446

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.V.THAMILSELVI
S.Rathnasabapathy (died) – Appellant
Versus
R.Sakthivel – Respondent

Advocates:
Advocate Appeared:
For the Appellants :Mr.T.Murugamanikkam Senior Advocate for Ms.Zeenath Begam
For the Respondents: Mrs.D.Chitra Maragatham for R1

JUDGMENT :

T.V. THAMILSELVI, J.

The appellants, who are the defendants 1 and 3 to 5 in the suit in O.S.No. 138 of 1997 on the file of Subordinate Court, Tiruppur,which was filed by the 1^st respondent/plaintiff seeking for the relief of partition claiming half share in the suit property and on considering the evidence on record, the trial court decreed the suit granting 1/6 the share in favour of plaintiff. Against which, he preferred an appeal in A.S.No. 124 of 2005 and the same was allowed in favour of plaintiff by setting aside the findings of trial court. Now, challenging the reversal findings of the first appellate judge, the defendants 1 and 3 to 5 have preferred this Second Appeal.

2. For the sake of convenience, the parties are denoted as per the ranking in the suit before the trial court.

3. The 1^st respondent herein is the plaintiff, who filed a suit against the appellants/defendants for the relief of partition claiming half share in the suit property. The suit was contested by the defendants 1 to 5 stating that as per the Will dated 12.11.1952, the plaintiff and the defendants 1 to 5 are equally entitled to 1/6^th share in the suit property and he is not entitled to claim half