G.PRABHAKAR Vs. G.VENKATRAMAN

JUDGEMENT

(1.) This Appeal Suit is filed aggrieved by the Judgment and Decree dtd. 22/3/2013 in O.S.No.42 of 2010, on the file of the I-Additional District and Sessions Court, Vellore District. The plaintiff is the appellant in the Appeal Suit.

(2.) The case of the plaintiff is that the first defendant is his brother. The second defendant is his mother. The defendants Nos.3 to 5 are his sisters. The plaintiff, first defendant and defendants Nos.3 to 5 are the children of the Late Gopalakrishna Reddiyar. The said Gopalakrishna Reddiyar, died on 8/4/2009 intestate leaving behind the suit property. The suit property was purchased on 25/1/1990 by way of allotment from the Tamil Nadu Housing Board on 15/9/1972, and a house building consisting of two floors was also put up. The purchase and construction were made by selling the ancestral properties situated at Jolarpet, Vellore District. The plaintiff's father was living in the said house until the date of his death along with his family members as a joint family. The defendants Nos.3 to 5 who are the daughters were married away 30 years prior, and instead of their shares, they were given Sridhana articles by the said Gopalakrishna Reddiyar. Therefore, the suit schedule property being a joint family property, the plaintiff and the first defendant alone are the owners and they were jointly in possession and enjoyment of the suit property. After the death of the father, the plaintiff urged the defendants to come forward for partition. But, the defendant refused to come for partition and tried to create sham and nominal documents detrimental to the rights of the plaintiff. Therefore, the plaintiff issued a legal notice dtd. 29/4/2009, for which there was no positive response. Hence, the suit was filed before the Trial Court.C. The case of the Defendants :

(3.) The sisters, namely, defendants Nos.3 to 5 remained ex-parte. The suit was resisted by the first defendant by filing a written statement. It is the case of the first defendant that the suit property is a self-acquired property of the said Gopalakrishna Reddiyar. He was employed in Hindustan Petroleum. The site was allotted to him by the Tamil Nadu Housing Board and he paid consideration for the same out of his self-acquired funds. He has constructed the house out of his own funds and by obtaining a loan from the Co-operative Society. The suit property was all along treated and enjoyed by him as if it is separate and selfacquired property.