JUDGEMENT

The plaintiff in the suit O.S.No.30 of 2006 filed for partition on the file of the Subordinate Court, Nilgiris, Udhagamandalam is the appellant before this Court.

2. The brief facts which have culminated in filing of the above appeal are herein below set out and the parties are referred to in the same litigative status as before the trial Court.

3. Before proceeding to discuss the facts of the case, it is necessary to just set out the genealogy for morefully appreciating the relationship amongst the parties.

Lingappa =

Maallamma(1st defendant)

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l l l l l l Savithri Nagaraj Lakshmi Prema Shantha Padma (plaintiff) (2nd defendant) (3rd defendant) (4th defendant) (5th defendant) (6th defendant)

Plaintiff's case:

4. It is the case of the plaintiff that the suit properties belonged to one Lingappa. The plaintiff is the daughter of Lingappa. The first defendant is the wife and defendants 2 to 6 are the children of the said Lingappa and the plaintiff's siblings. The suit properties were purchased by the said Lingappa out of the sale proceeds from the sale of the ancestral properties situate in Mandya, Karnataka. The said Lingappa died on 06.11.2004. On the death of the said Lingappa, t