P.VIJAYALAKSHMI Vs. P.SUSHEELA

JUDGEMENT

(1.) Being aggrieved by the preliminary decree for partition directing division of suit properties into six shares and allot one such share to the Plaintiff, the Plaintiff has preferred this appeal. For convenience, parties are referred as per their array in the suit.

(2.) Plaintiff and 2nd Defendant Shanmugam are the daughter and son of late Purushotham Chettiar and 1st Defendant. The suit properties were allotted to Purushotham Chettiar under Ex.A2 family partition deed dated 9.9.1962 in which Purushotham Chettiar was allotted 'C' Schedule properties. During the life time of Purushotham Chettiar, he was in enjoyment of the suit properties and was collecting the rental income from various tenants. Plaintiff got married in the year 1981-1982.

(3.) Case of Plaintiff is that her father was always attached to her as she was the only daughter in the family. Purushotham Chettiar died intestate on 30.11.2001 leaving the Plaintiff and the Defendants to succeed his estate. Further case of Plaintiff is that after death of father Purushotham Chettiar, Defendants were paying share of the rents and income to the Plaintiff and then all of a sudden they stopped paying any amount to her. Plaintiff issued Ex.A.5 notice (dated 26.3.2005) demanding her share in the sale proposed and also her lawful share in other properties. Defendants received Ex.A.5 - notice and sent Ex.A.6 reply (dated 31.3.2005) containing false allegations. Further case of Plaintiff is that only after persuasion and assurance by the Defendants, she along with the Defendants executed Ex.A.7 sale deed (dated 4.7.2005) in favour of one Umarani and Ex.A.8 sale deed (dated 17.6.2005) in favour of one Mani. According to Plaintiff, she is in joint and constructive possession of the suit properties along with the Defendants. Inspite of attempts by the Plaintiff, Defendants have not come forward with any amicable settlement and therefore, Plaintiff filed the suit seeking for partition and possession of the properties into three equal shares and allot one such share to the Plaintiff. Plaintiff also prayed for permanent injunction restraining the Defendants from in any manner encumbering or alienating the properties.