LATHA ALIAS S VARALAKSHMI Vs. M RAJA

JUDGEMENT

(1.) The Plaintiff, who lost her case before both the courts below, has preferred the present second appeal.

(2.) The suit is one for partition filed by the sister as against her own brother. They are the children of one Mohambaram. It is contended by the Plaintiff that Mohambaram, the father of the respective parties purchased the suit property at Velachery village in the year 1985 out of the rental income from the property situate at Royapettah. Mohambaram died on 30.7.2007. Claiming that she is entitled to half share in the suit property, the Plaintiff has filed the suit for partition of her half share.

(3.) In the written statement, the Defendant, who is none other than the brother of the Plaintiff, has contended that the suit property was purchased by his father Mohambaram out of his own income. He executed two registered Wills with respect to the property located at Royapettah Chennai. Mohambaram made a gift settlement in favour of the Defendant by means of a registered deed dated 27.1.2000 with respect to the suit property situate at Velachery. Therefore, the Defendant claims that he has become the absolute owner of the suit property under the registered gift settlement deed.