CHANDRASHEKAR Vs. GRACE DSOUZA

JUDGEMENT

(1.) The respondent instituted a suit for partition and separate possession contending that she was entitled to half a share in the suit property. The first plaintiff has also sought for a declaration declaring that the alleged gift deed dtd. 18/9/2013 said to have been executed by the first defendant, who was her husband, in favour of the second defendant was null and void and thus not binding on her. A declaration was also sought that the scheduled property was a joint property which belongs to the first plaintiff and the first defendant and the said property was required to be partitioned.

(2.) It was the contention of the first plaintiff in the plaint that she had been married to the first defendant for several years and during the subsistence of the marriage, both of them had purchased the suit scheduled property and she had also contributed to the purchase, though the sale deed was registered in the name of the first defendant.

(3.) In said suit, an application was filed to reject the plaint on the ground that it was admitted by the first plaintiff that there was a divorce granted dissolving the marriage between the first plaintiff and first defendant and therefore, the suit for partition could not be maintained.