SIVAKAMI Vs. THANGAVEL

JUDGEMENT

(1.) Sivakami, the second plaintiff in the suit, is the appellant herein.

(2.) The appellant along with her mother, Lakshmi Ammal filed the suit for partition of 4/6 share in the suit property and also for mesne profits, namely, the rental charges, till the delivery of possession of their share.

(3.) During the pendency of the suit, Lakshmi Ammal, the first plaintiff, died. After conclusion of trial, the trial Court held that though the second plaintiff, the appellant herein is entitled to get 1/6 share in the suit property, she would be entitled to the said share not immediately, but only when the male heir, namely, the defendant chooses to partition the property, since the suit property happens to be the dwelling house. Challenging the judgement and decree of the trial Court, the second plaintiff filed appeal before the lower appellate Court, which in turn, confirmed the same and dismissed the appeal. Hence, this second appeal.