GUNAVATHI Vs. KAVITHA

JUDGEMENT

(1.) The defendants 4 to 6 in OS.No.359/2010 on the file of the Court of I Additional Subordinate Judge, Salem, aggrieved by the granting of Preliminary decree by the Trial Court, vide Judgment and decree dated 27.04.2015, which has been confirmed by the Impugned Judgment and Decree dated 23.08.2016 in AS.NO.39/2016, on the file of the Court of the III Additional District Judge, Salem, had filed the present Second Appeal.

(2.) The facts leading to the filing of this Second Appeal, briefly narrated, are as follows:- [d] The 4th defendant has filed the written statement, which was adopted by the defendants 5 and 6 and it is averred among other things that the male members of the family, who are defendants 1 and 2, had a right as the property is ancestral in nature, by birth and their father, at the time of death, had 1/3rd share and if at all the plaintiff is entitled to any relief, she can claim only 1/12th share. It is further averred that the patta stand in the names of the defendants 2 and 3 and it is also an added fact that to prove and substantiate that the plaintiff has no right in respect of the suit property and would also contend that the suit cannot be valued under section 37 of the Court Fees Act and it should have been valued under section 37[1] of the Court Fees Act and hence, prays for dismissal of the suit.

(3.) In the Memorandum Grounds of Second Appeal, the following Substantial Questions of law are raised:-