R. MARUDHA MOOPPAR Vs. P. PANCHAVARNAM

JUDGEMENT

(1.) THE unsuccessful and also undaunted defendant has challenged the concurrent judgments and decrees passed in Original Suit No. 330 of 2001 by the Sub Court, Aruppukottai and in Appeal Suit No. 19 of 2005 by the Principal District Court, Virudhunagar District at Srivilliputhur.

(2.) THE respondent herein as plaintiff has instituted Original Suit No. 330 of 2001 on the file of the trial Court praying to pass a preliminary decree in respect of her half share in the suit properties, wherein the present appellant has been shown as sole defendant.

(3.) THE nubble of the averments made in the amended plaint can be stated like thus: The plaintiff is the sister of the defendant and the suit properties are the separate properties of their father by name Rama Moopar and he passed away prior to 25 years leaving behind him the plaintiff and defendant as his legal heirs. After his demise, both the plaintiff and defendant have enjoyed the suit properties in common. Till April of 2000, the defendant has given the share of the plaintiff derived from the suit properties and subsequently the defendant has made an attempt to sell away the suit properties. In the suit properties the plaintiff is having half share. The plaintiff has given a legal notice dated 14.9.2001 to the defendant and thereby directed him to effect partition. But the defendant has refused to concede the demand made by the plaintiff and also given a false reply notice dated 1.10.2001. Under the said circumstances, the present suit has been instituted for the relief sought for in the plaint.