DEVAKI Vs. SUBRAMANIAN

JUDGEMENT

(1.) The following substantial questions of law are framed for a decision:

(2.) The appellant/plaintiff sued the respondents/defendants for partition and separate possession of the 1/3rd share she claimed in the suit property. According to her, the suit property belonged to the late Narayanan whose children are the appellant and the respondents. Preceding institution of the suit the appellant issued a notice demanding partition. That was replied by the first respondent claiming that the late Narayanan had executed a settlement deed concerning the suit property in his favour on 28.8.2003.

(3.) In view of the said contention of the first respondent in the reply notice the appellant alleged in the plaint that the late Narayanan was paralytic for about 3 years prior to his death on 29.9.2004 and could not execute any such settlement deed. She denied execution of the settlement deed.