U PALANISAMY Vs. K THANGAVELU

JUDGEMENT

(1.) The unsuccessful first Defendant is the Appellant.

(2.) The suit was filed by the first Respondent herein for partition and separate possession. The case of the first Respondent was that the suit property is the ancestral property and the Appellant is the paternal uncle and the second Respondent is his father and all of them constitute a joint Hindu Family and the first Respondent has got 1/4 share in the suit property by birth and without any legal necessity, his father executed a release deed dated 25.2.1976 releasing his share as well as the first Respondent's share in the property in favour of the Appellant and the said release deed is not binding on the first Respondent and he is entitled to 1/4 share in the property and therefore, filed the suit for partition. It is also stated in the plaint that the second Respondent, his father, was addicted to alcohol and was having all vices and taking advantage of the weakness of the second Respondent, the Appellant colluded with the second Respondent with the intention of misappropriating the joint family properties, and obtained the release deed in his favour.

(3.) The second Respondent herein, father of the first Respondent remained absent and was set ex parte and the Appellant filed statement denying the allegations made in the plaint and stated that the release deed was validly executed by the kartha of the family and it is binding on the first Respondent and the release deed is a valid one and the first Respondent was a party to the said document and without a prayer to set aside the release deed, the suit for partition is not maintainable and the suit is also barred by limitation as the suit was not filed within three years from the date of attaining majority by the first Respondent.