POONGAVANAM AMMAL Vs. SHANTHI

JUDGEMENT

(1.) An unfortunate mother of the deceased Velayudam is the appellant before this court.

(2.) The appellant's son was employed as a teacher in Nagapadi Panchayat Union School and he died on 27.1.1994, leaving behind him, his mother, the appellant herein and his wife, the 1st respondent, and two minor children, the respondents 2 and 3. Certain amounts are due on his death. It appears that the appellant and her daughter-in-law, the 1st defendant were not in good terms and therefore, the appellant filed the suit for division of the amount into 4 shares and allotment of 1/4th share to her.

(3.) The trial court accepted the case of the appellant and dismissed the suit on the ground that the plaintiff is not entitled for partition, but at the same time, the appellant/plaintiff is entitled to 1/4th share in the amount, i.e. Rs.30,000/- and decreed the suit for Rs.30,000/- and directed the plaintiff to recover the same from the 1st defendant and also to pay the necessary court fee for the same.