C M DHINAKARAN @ SURESH Vs. S ANNAPOORNA

JUDGEMENT

(1.) O.S.A.No.253 of 2010 is preferred against the order in A.No.676 of 2004 dismissing the application filed under Order 7, Rule 11(d) C.P.C. O.S.A.No.255 of 2010 is preferred against the order dismissing the application A.No.3923 of 2006 and refusing to hand over the keys to the Appellant-1st Defendant.

(2.) Appellant and Respondent are son and daughter of late Sundararaj and Chandra Sundararaj. Chandra Sundararaj has filed the suit C.S.No.422 of 2001. During the pendency of the suit, Plaintiff-Chandra Sundararaj died and by the orders of the Court in A.No.75 of 2005 dated 21.03.2006, Respondent-Annapoorna was transposed as 2nd Plaintiff.

(3.) Case of late 1st Plaintiff-Chandra Sundararaj is that her husband Sundararaj was carrying on business as Sole proprietor under the name and style of M/s.Chemi Plant Fabrication. Sundararaj was allotted "B" schedule property - Plot No.57-B, Ambattur Industrial Estate by Small Industries Development Corporation (SIDCO). Sundararaj had also purchased necessary plant and machinery with the aid from SIDCO and installed the same at No.57-B, SIDCO Industrial Estate. "A" schedule property - flat at Anna Nagar bearing No.327/5 was purchased from Tamil Nadu Housing Board in the name of Appellant. Case of late 1st Plaintiff-Chandra Sundararaj is that she had sold her jewels at Nathan's jewellery and paid the initial deposit of Rs.30,000/- and subsequent instalments for "A" schedule flat was paid from the business of M/s.Chemi Plant Fabrication. An extent of 9200 sq. ft. was purchased in the name of late 1st Plaintiff-Chandra Sundararaj out of the funds provided by her father. The said property was sold for the purpose of discharging the loan to SIDCO and other loans. From out of the balance money, the property in "D" schedule Plot No.13, Sri Sabari Nagar, Vadaperumbakkam was purchased. "C" schedule Plot No.177, Naduvakkarai village was also purchased from out of the income from M/s.Chemi Plant Fabrication. After the death of Sundararaj, a family arrangement was entered into in June 1994. On the basis of the said family arrangement, late 1st Plaintiff-Chandra Sundararaj gave an affidavit to SIDCO and based on which Appellant got transfer of "B" schedule property in his name. A settlement deed was executed infavour of late 1st Plaintiff by the Appellant on 03.06.1994 in respect of "D" schedule property Plot No.13, Sri Sabari Nagar, Vadaperumbakkam. Alleging that Appellant-1st Defendant had not performed his obligations under the family arrangement, late 1st Plaintiff-Chandra Sundararaj has filed the suit for the reliefs - (i) declaration that the alleged family arrangement got signed by the 1st Defendant in June 1994 is void ab-initio and non-est; (ii) partition of suit properties into three equal shares and to allot 1/3rd share to the Plaintiff.