V. BAKKIYAM Vs. C. KANDASAMY GOUNDER

JUDGEMENT

(1.) Suit for partition filed by the sole appellant herein was dismissed by the trial Court. Being aggrieved by the judgment of dismissal, the present Appeal Suit is filed.

(2.) For clarity sake, parties are referred to their status and ranking found in the trial Court decree.

(3.) Brief facts of the case as per the plaint is that, Kandasamy Gounder (first defendant) had two wives. The plaintiff is the daughter of his senior wife Pongiammal. The first defendant got separated from his senior wife and married the mother of the second defendant in the year about 1968. The mother of the plaintiff died in the year 2001. The suit properties are the ancestral properties of the first defendant. Hence, as per the Hindu Succession (Amendment) Act, 2005, being the daughter of the first defendant, the plaintiff has sought for 1/3rd share in the suit property. In support of the said claim, the plaintiff has relied upon the joint sale of the ancestral property on 19/8/2002 by the family members, to show it has been jointly enjoyed by the plaintiff and the defendants. The plaintiff had contended that the defendants among themselves excluding her had created a registered deed of partition on 21/1/2004 in respect of the ancestral property. The said partition is non-est in law and fraud played against the plaintiff. On the very same day, the first defendant had settled the properties in favour of the second defendant's minor sons. The partition deed and the subsequent settlement deed have no binding effect on the plaintiff. Hence, after making a demand for partition, the suit for partition claiming 1/3rd share in the suit schedule property came to be instituted.