LAKSHMI AMMAL Vs. VASANTHA

JUDGEMENT

(1.) The defendants 1 and 2 having aggrieved by the judgment of the lower appellate Court has filed the above Second Appeal.

(2.) The plaintiffs filed a suit in O.S.No.1837 of 1979 on the file of the District Munsif, Thiruvannamalai for partition of their 1/4th share each in the suit properties. The first defendant is the mother, the second defendant is the brother and the third defendant is another sister of the plaintiffs.

(3.) The suit was resisted by the first defendant stating that the suit properties were not purchased by the father of the plaintiffs and the first defendant. The settlement deed Ex.A-1 was not a valid document and so, the plaintiffs cannot have any right on the basis of the said settlement deed. According to the defendants, item Nos.1 to 3 were already sold in court auction pursuant to the decree in O.S.No.440 of 1973. The first defendant claims that she is the absolute owner of item No.4. In the additional written statement, it is stated that item Nos.22 to 26 are the absolute property of the first defendant.