TAMALARASI Vs. S KUMARASAMY GOUNDER

JUDGEMENT

(1.) Plaintiff in O.S.11 of 1986 on the file of Sub Court, Dharapuram is the appellant herein.

(2.) The plaintiff filed the said suit against the defendants praying the Court to pass a decree for division of suit properties into four equal shares with reference to good and bad soil and allot one such share to the plaintiff and to put her in possession of the same contending as follows. One Palanisamy Gounder, who admittedly entitled for share in the suit property, sold the same on 8.4.1974 to one Veerammal. After the purchase the said Veerammal and other sharers were enjoying definite portions by way of convenient enjoyment without any partition amongst themselves by metes and bounds. It is the further case of the plaintiff that she purchased 1/4 share of Veerammal under a sale deed dated 29.10.1985 and since then she has been enjoying that portion of land which Veerammal was enjoying. According to the plaintiff, since the defendants refused to heed to the request to partition the properties by metes and bounds, the present suit has been filed.

(3.) The second defendant filed a written statement inter alia denying various claims made by the plaintiff. The defendant disputed the claim of the plaintiff that she is entitled to 1/4 share in the plaint schedule properties. Further case of the second defendant is that even assuming that the plaintiff is entitled for 1/4 share as claimed by her, she would not be entitled for possession and that is because the second defendant took the property on lease under a document dated 23.3.1973 for a period of three years from the predecessor-in-title of the plaintiff viz., Palanisamy Gounder and even after expiry of the said term, he continued to be in possession. A specific claim is made in the written statement that he is entitled to the protection under the Tamil Nadu Cultivating Tenants Protection Act, 1955 (hereinafter referred to as 'the Act').