K SAHADEVAN Vs. K ALLAGAMMAL

JUDGEMENT

(1.) THIS appeal is filed against the judgment and decree dated 24.9.1991 passed in O.S. No. 5848 of 1987 on the file of VIII Asst. Judge, City Civil Court, Madras.

(2.) THE following are the allegations contained in the plaint - 2(a) THE Plaintiff states that the defendants are his parents, that he and the 1st defendant are joint owners of the house, ground and premises bearing Old Door No. 4, New Door No. 10, Mandappam Road, 3rd Lane, Madras -10, that the said house was constructed fully out of his own funds and thereafter for further improvements to that property, he and his mother jointly mortgaged the said premises in the year 1976 with the Egmore Benefit Society Limited and obtained a sum of Rs.30,000/- from the Egmore Benefit Society by way of loan on the security of the above mentioned premises at No. 10, Mandappam Road, 3rd Lane, Madras -10. 2(b) As the plaintiff was formerly employed at Coonoor, he has allowed his mother and 1 st defendant herein to collect the rent from the tenants and pay the amounts to the Egmore Benefit Society Limited and cleared the mortgage. Another sum of Rs.5,000/- was jointly borrowed by plaintiff and the 1 st defendant from the above said Society and executed a mortgage deed and that the plaintiff has been transferred to Madras and he is residing in a portion of the suit premises and after his arrival to Madras, the 1 st defendant is still collecting the rents without paying any amount to the plaintiff; that inspite of repeated requests, the 1 st defendant has not produced rental accounts; that the 2nd defendant is colluding with the property and for that a reply was given by the defendant containing false allegations and as such, the plaintiff has no other way except to file a suit for partition. 2(c) THE plaintiff states that in all of his earlier notices he has categorically stated that the suit premises was constructed fully out of his funds and the improvement was made from the loan amount and as the defendants are his parents and as the title deeds of the said property stand in the name of the plaintiff and the 1 st defendant, he is resisting his claim only to half of the suit property in No. 10, Mandapam Road, 3rd Lane, Madras - 10 and that he reserves his right to claim for his share in respect of other property in Old No. 4/2, Mandappam Road, Kilpauk, Madras -10 and without prejudice to his right for his share in the family property, he has filed this suit with regard to property at No. 10, Mandapam Road, 3rd Lane, Kilpauk, Madras - 10 for which he and 1 st defendant are joint owners and others have no right over the said property. 2(d) THE plaintiff states that the 1 st defendant is collecting more than Rs. 2,000/- per month by way of rent and she is liable to pay to the plaintiffs share from 1977 onwards, that the 2nd defendant has been impleaded as a party in the suit by way of abundant caution, for effective adjudication and that no amount is due to Egmore Benefit Society Limited, that the suit property is free from encumbrances and entire mortgage has been cleared, that the plaintiff is entitled to mense profits from the schedule property from the year 1977 and that the cause of action for the suit arose at Madras when the suit property was constructed from and out of his funds and also with the help of the amount borrowed from Egmore Benefit Society Limited and when the plaintiff returned to Madras and when the 1 st defendant failed to hand over the possession and to show the accounts and when the defendants refused to give share and subsequently.

(3.) TO what reliefs are the parties entitled to? Point No. 1: