MURUGESAN Vs. SUBBAIAH

JUDGEMENT

(1.) The unsuccessful plaintiffs are the appellants before this Court. The suit was for partition and delivery of separate possession of the suit property.

(2.) Before the Trial Court, the appellants contended that, in the year 1990, the Tamil Nadu Slum Clearance Board allotted the suit property to their mother Chinna Ponnu. The said Chinna Ponnu died on 27/11/1994 leaving behind the plaintiffs and the defendants 1 and 2 as her legal heirs. The first defendant is the father of the plaintiffs and the second defendant. On the demise of Chinna Ponnu, the suit property devolved on her first class legal heirs namely the plaintiffs and the two defendants at the ratio of %th shares each. Being the husband and children of the deceased Hindu Female. The defendants 3 and 4 are the minor sons of the 2nd defendant. They are impleaded in the suit since, the first defendant on the death of his wife Chinna Ponnu, vide his letter dtd. 26/05/1999 sought for the transfer of allotment in his name and pursuant to his request, the sale deed was executed in the name of the first defendant on 3/12/2012. The first defendant in turn had settled the property in favour of the defendants 3 and 4, who are his grand children born to his son Raja the second defendant. Though the plaintiffs have contributed money for the purchase of the suit property and its development, the first defendant had created the sham and nominal settlement deed on 29/5/2013 in favour of the defendants 3 and 4, without the knowledge of the plaintiffs.

(3.) It is pleaded by the plaintiffs that the suit property is the property of their deceased mother. The first defendant cannot claim absolute right in the suit property. Only to usurp the property and dispossess the plaintiffs, the settlement deed dtd. 29/5/2013 was created. When the first defendant tried to dispossess the plaintiffs on 31/8/2014, the attempt was thwarted with the help of the well wishers. The first defendant cannot interfere with their peaceful possession and enjoyment of the suit property being the co-owners, entitled for %th shares each.