THAILAMMAL Vs. MINOR EASWARI

JUDGEMENT

(1.) THE Appellants/Defendants 1, 3 to 6 have preferred this Second Appeal as against the Judgment and Decree dated 18.08.1998 in A.S.No.29 of 1997 passed by the Learned Sub Judge, Bhavani in confirming the Judgment and Decree dated 28.08.1997 in O.S.No.262 of 1996 on the file of the Learned Additional District Munsif, Bhavani.

(2.) THE First Appellate Court, viz., the Learned Sub Judge, Bhavani, while passing the Appeal in A.S.No.29 of 1997 filed by Appellants/Defendants 1, 3 to 6, on 18.08.1998, has interalia observed that in the Partition Deed dated 18.06.1984, the property not concerned with the joint family in O.S.No.1547 of 1973 has been allotted to the Respondents/Plaintiffs' father and later this property owner has taken possession through Court from Parvathi Gounder and the Partition Deed dated 18.06.1984 is a partition which has taken place in an unfair manner and the Court has decided to set aside the same and accordingly, set aside the Partition Deed dated 18.06.1984, thereby confirming the Judgment and Decree passed by the trial Court in the main suit.

(3.) ALSO, the trial Court opines that, later the said Gopal Chettiar, for redemption of mortgage, filed O.S.No.1547 of 1973, which is filed before the partition and Parvathi Gounder and Defendants 2 and 3 and their father, Sengoda Gounder have come to know that the property is a mortgaged property before the partition and further, the D-Schedule property allotted to Parvathi Gounder is not an ancestral property belonging to Parvathi Gounder, Defendants 2 and 3 and his father Sengoda Gounder and consequently has come to a conclusion that the properties concerned in O.S.No.1547 of 1973 obtained through Partition Deed dated 18.06.1984 and allotted to Parvathi Gounder is an unfair one and resultantly set aside the Partition Deed dated 18.06.1984. Moreover, it has allotted 8/28 share to the Respondent/Plaintiff and passed a preliminary decree with costs. Further, the Defendants have been directed to pay the Court Fee to the Government.