SAVARIMUTHU Vs. ADAIKALAMARRY

JUDGEMENT

(1.) The defendants 1 & 5 in O.S.No.93 of 2013, on the file of the District Munsif Court, Devakottai are the appellants. They are aggrieved by the judgment and decree of the Appellate Court, which confirms the decree for partition and separate possession of the plaintiff's 1/4th share in certain items of suit properties, granted by the trial Court in O.S.No.93 of 2013.

(2.) The plaintiff sued for partition and separate possession of her 1/4 th share, contending that the suit properties consisting 8 items belonged to the father of the plaintiff and defendants 1 to 3, namely Sebasthi Udayar, who died intestate, the plaintiff sought for partition. It was also pleaded that the wife of Sebasthi Udayar, namely, Sengol Ammal, mother of the plaintiff predeceased her husband.

(3.) The suit was resisted by the defendants contending that the Sebasthi Udayar had executed a Settlement Deed dated 28.04.1989, settling some of the suit properties in favour of the first defendant and some of the properties, belong to the first defendant. It was also pleaded that there was a mistake in the settlement deed dated 28.04.1989, in respect of two items of properties, situated in Survey No.300/2 and 308/2. According to the first defendant, what was intended to be settled was 300/2 & 308/2, but the survey number was wrongly mentioned 200/2.