G MOHANVELU Vs. G KOKILA

JUDGEMENT

(1.) This appeal is preferred against the judgment and decree dated 29.4.2010, passed in O.S.No.25 of 2007 by the learned District Judge, Tiruvannamalai. The second defendant is the appellant.

(2.) The first respondent herein/plaintiff filed the suit seeking for a judgment and decree for division of the suit properties into six equal shares and allot one such share to the plaintiff and put her in separate possession of the same and for a permanent injunction restraining the defendants from alienating the suit properties to third parties before the partition and allotment of share to the plaintiff, and for costs also.

(3.) The case of the plaintiff is that her father A.Govindasamy was doing real estate business and was also a building contractor at Bangalore and he purchased the suit properties out of his personal income in his name as well as in the name of his wife, who was only a name lender, and he died on 15.7.1999, at Bangalore leaving his wife, the first defendant, his two sons, namely defendants 2 and 3, and three daughters, namely defendants 4 and 5 and the plaintiff, as his legal heirs to succeed to his properties. It is further stated by the plaintiff that the second defendant has been managing the properties as being the eldest male member in the family and the third defendant is unmarried and they are all as joint owners, were in joint possession of the properties and they are entitled to 1/6h share each.