LEELAVATHI Vs. KAMALA

JUDGEMENT

(1.) This Appeal Suit is filed against the Judgment and Decree of the Additional District Judge, Dharmapuri, dtd. 30/6/2015 in O.S.No.79 of 2013, whereby the suit filed by the respondents herein/plaintiffs for partition and for a declaration that the Partition Deed, dtd. 22/1/1999 as null and void and for permanent injunction restraining the appellants herein/defendants encumbering the suit property, was decreed. B. The case of the Plaintiff :

(2.) The case of the plaintiffs is that the plaintiffs and the defendants Nos.1 and 2 are the legal heirs of one V.R.Mani. The third defendant is the Banker of the second defendant. The said V.R.Mani is the son of Ramasamy Gounder. They were the native of Vellakalpatti Village of Sankagiri Taluk, Salem District. The said V.R.Mani got married to the first plaintiff in the year 1969 and about the year 1970, the second plaintiff was born and in the year 1973, the third plaintiff was born.

(3.) The second defendant filed a written statement, whereby it was stated that the first plaintiff was a divorced wife. It is further contended that the plaintiffs 2 to 3 are not the daughters of V.R.Mani. It was denied that the ancestral property was sold and the family migrated from Vellakalpatti to Indamangalam Village. The said V.R.Mani, purchased 3 Acre 791/2 Cents land out of his own funds. Some of the properties were purchased in the name of Ramasami Gounder by the said V.R.Mani. There is a registered partition on 22/1/1999 between the said V.R.Mani and the second defendant and the suit properties allotted to the share of the second defendant.