G JOTHIMUTHU Vs. S GOPAL

JUDGEMENT

(1.) The plaintiff is the appellant herein. He filed the suit against his father and two others, the defendants for partition. This suit was dismissed holding that the appellant being a Christian could not be entitled to any share in the property of the first defendant, who is the father so long as he is alive. Hence, this first appeal.

(2.) The case of the plaintiff is as follows: The suit properties are joint family properties belonged to the plaintiff and his father first defendant. The second defendant fabricated a promissory note as if, the first defendant had executed the same in favour of the second defendant and filed an insolvency petition and got the declaration that the first defendant is an insolvent. Subsequently, some of the properties were brought to sale in auction and the same had been purchased by the second defendant. These proceedings would not bind the plaintiff the son. The plaintiff did not receive any notice. Therefore, the plaintiff having 1/2 share in the suit properties filed a suit for partition.

(3.) The case of the 2nd and 3rd defendant are as follows: The plaintiff is not a Hindu. The plaintiff's father, the first defendant is a Christian. baptised and married a Christian in Christian form and as such the plaintiff is also a born Christian. He has also been baptised and had married a Christian lady. Since the first defendant was found to be in the State of insolvency, the other defendants initiated the insolvency proceedings and after contest he was adjudicated as insolvent. Therefore, the same cannot be questioned now. The second defendant sold the property to 3rd defendant for proper and valid consideration. Moreover, the defendant has perfected his title by adverse possession by continuous enjoyment for over a prescribed period. Therefore the suit is liable to be dismissed.