VENKATASUBRAMANIYA CHETTIAR Vs. PERUMAL CHETTIAR

JUDGEMENT

(1.) Challenge in this appeal is the judgment and decree in O.S.No.6 of 2002 [25.02.2003] whereby the Additional District Judge, Fast Track Court, Kallakurichi has decreed the suit for Partition holding that Plaintiff is entitled to half share in the suit properties. Unsuccessful Defendant has preferred the appeal.

(2.) Appellant-Defendant Venkatasubramaniya Chettiar and Respondent-Plaintiff Perumal Chettiar are the sons of Ramasamy Chettiar. The said Ramasamy Chettiar died intestate in 1956 leaving vast extent of properties in Chinnasalem, Kallakurichi and other surrounding villages. Subbulakshmi Ammal, mother of Appellant-Defendant and Respondent-Plaintiff died in 1998. During 1993, brothers are said to have divided the properties and the factum of partition was reduced to writing by Ex.B1-unregistered partition deed dated 26.5.1993.

(3.) Case of Respondent-Plaintiff is that during 1993, he was in a depressed state of mind due to breakdown of his son Nagesh's marriage with Meera which eventually ended in a divorce. Taking advantage of the mental condition of Respondent-Plaintiff, Appellant-Defendant manoeuvred to divide the properties by bringing about Ex.B1-unregistered partition deed and obtained Respondent-Plaintiff's signature in Ex.B1. There was no division of properties as stated in Ex.B1-unregistered partition deed and the said partition deed is hit under Section 17 of Indian Registration Act. Stating that Appellant-Defendant has brought about Ex.B1-unregistered partition deed to gain unjust enrichment under which a valuable landed properties in Chinnasalem was given to the Appellant-Defendant, Respondent-Plaintiff has filed the suit for partition and separate possession of his half share in the suit properties.