K MUNIYAN Vs. MRS K MUNIMMAL

JUDGEMENT

(1.) THE plaintiff is the appellant herein. THE appellant/plaintiff filed the suit for partition.

(2.) THE case of the appellant/plaintiff was that the landed property was purchased by him and his father under a registered sale deed dated 30.1.1976 and both of them contributed equally for the said purchase. THE appellant/plaintiff was employed as a Mechanic in the Government Department at the time when the suit property purchased and out of his earnings, he also contributed for the said purchase. THE father died on 13.5.1981, and later on, the appellant/plaintiff applied for a planning permission for putting up a construction and the planning permission was given in his name. THEreafter, the appellant/plaintiff had put up a construction and permitted the respondents/defendants, who are his mother, brothers and sisters to reside in the suit property. After some time, the appellant/plaintiff demanded rent from the respondents/defendants and that was questioned by them and therefore, the appellant/plaintiff filed the suit for partition, claiming 7/12 share in the property.

(3.) THE First Appellate Court, reversed the judgment and decree of the Trial Court and allowed the appeal, holding that the plaintiff has not adduced any proof to show that he has contributed any amount for the purchase of the property and the society loan was paid by other members of the family viz., the respondents herein and that is proved by Ex.B1 and the House Tax as well as Water Tax are in the joint names of the respondents and the appellant/plaintiff and considering all these aspects, the property cannot be considered as joint property of the appellant/plaintiff and his father and it is the joint family property, in which, all the family members are entitled to equal share and the appellant/plaintiff is only entitled to 1/6th share in the property and modified the decree and granted the decree of 1/6th share to the plaintiff in the suit property. Hence, the Second Appeal.