KARUPPATHAL Vs. P.PONNUSAMY

JUDGEMENT

(1.) The suit filed for partition by the daughters of Late.Palanisamy Gounder, against the sons of Palanisamy Gounder was dismissed by the Trial Court upholding the validity of the release deed Ex.A.3, executed by the plaintiffs. Aggrieved by the said judgment, the appeal is preferred by the plaintiffs.

(2.) By virtue of a partition deed (Ex.A.1) dated 18.06.1965 entered between Palanisamy Gounder and his brother Subbaiah Gounder, the land measuring 13.34 acres at Chittambalam Village, Palladam Taluk, was allotted to the share of Late.Palanisamy Gounder. The said Palanisamy Gounder had 2 daughters and 3 sons. One of his son by name Rathinasamy predeceased him, on 01.08.1988 leaving behind his wife and 2 daughters. On 23.02.1991, Palanisamy Gounder died leaving behind him his wife, two daughters, two sons and the legal heirs of his predeceased son Rathinasamy. Within six months wife of Palanisamy died. The legal heirs of Palanisamy Gounder and Subbaiah Gounder, jointly sold 0.91 cents of land from out of 13.34 acres to one Kandasamy on 12.07.2006. On the same day, the daughters of Palanisamy, who are the plaintiffs in the suit under appeal relinquished their 2/5th share in the property of their father Palanisamy and executed a release deed on receipt of Rs.2,32,060/- each in favour of defendants 1 to 5, who are their two brothers and the legal heirs of their deceased brother. The sale deed and the release deed were registered at Sub-Registrar Office, Palladam on 13.07.2006.

(3.) Alleging that, the release deed dated 12.07.2006 was obtained dishonestly by misleading them and no money was received as consideration for relinquishing the right. The plaintiffs, later cancelled the release deed on 17.08.2006 and got the cancellation deed registered. After issuing notice seeking partition, suit filed claiming 2/5* shares. The 6th defendant was arrayed as a party since, the house in the suit property was sold to the 6th defendant on 03.04.2006 by the defendants 1 to 5.