JEYAKUMAR Vs. SAVITHIRI

JUDGEMENT

(1.) The Appeal Suit is directed against the judgment and decree made in O.S.No.30 of 2006, dtd. 27/9/2010, on the file of Additional District Judge, Fast Track Court No.I, Thoothukudi.

(2.) The respondent is the plaintiff in O.S.No.30 of 2006, on the file of Additional District Judge, Thoothukudi, wherein, the appellant herein is the defendant. The respondent has filed a suit for partition of half share in the suit schedule property by metes and bounds. After trial, the trial Court has decreed the suit and a preliminary decree was passed to that effect stating that the plaintiff is entitled to half share in the suit schedule property. Challenging the said judgment and decree passed by the trial Court, the defendant in the suit has filed the present appeal suit.

(3.) The brief facts of the plaint reads as follows: The suit property is situated at Jothi Nagar, Kovilpatti. The marriage between the Plaintiff and the defendant was solemnized at Kabaleeswarar Temple, Chennai on 1/2/1998 and registered before the Sub Registrar Office, Mylapore. They lived together initially at Chennai and then at Singapore. The suit property was purchased on 28/6/1999 from one Jesumani in the name of both the plaintiff and defendant from the income of the plaintiff. It was enjoyed by both the parties and thereafter, a house was constructed by the plaintiff in the year 2001 and enjoyed together. As there was no issues, the defendant has ill-treated the plaintiff. In lieu of the same, the plaintiff has filed a divorce petition at Singapore and a decree of divorce was granted on 3/8/2008. After that, the defendant/husband came to Kovilpatti and is residing in Jothinagar. Due to misunderstanding between them, the plaintiff sent a legal notice claiming her half share in the suit property. On receipt of the same, the defendant sent a reply notice, dtd. 19/9/2005. Due to misunderstanding between them, there is no scope for living together and enjoying the property together. Now the defendant/husband is trying to dispose of the suit property to a third party including the half share of the plaintiff. Since the Plaintiff is working in Singapore, she has filed the above suit for the relief stated supra, through his Power of Agent.