A.V. SREEJA Vs. SREEDHARAN S/O. SANKARAN

JUDGEMENT

(1.) This appeal is filed against judgment dated 27/10/2011 in OP No.45/2011 on the file of Family Court, Thalassery. The appellant is the petitioner in the Original Petition. The OP is filed for partition of the petition schedule property.

(2.) Petitioner and respondent are wife and husband and they have two children. It is alleged that the petition schedule property is jointly owned by them as co-owners and they are in joint possession and enjoyment. The relationship between the couple strained and it is stated that there is no possibility of a reunion. Therefore, with an intention to partition the property, the OP is filed claiming 1/2 share over the property.

(3.) The respondent while admitting that they are co-owners of the property contended that he started constructing a house in the property in the month of April, 2007. He had also taken a contention that the property was purchased in the joint name of the petitioner and respondent from the funds belonging to the respondent. He had raised funds by selling his other properties and also his ancestral property. He contended that a substantial portion of the property is occupied by the structure of a new house. Initially the work started in April, 2007 and had reached roof level in 2007 itself. He had also taken a loan for carrying out the construction. He relinquished his rights over his ancestral property by collecting Rs. 60,000/- from his brother which also was invested in the construction work. Though he agreed for partition of 1/2 share, he sought for a direction that the construction put up by him should be reserved towards his share without valuing the same.