VASUKI Vs. K.SEKAR

JUDGEMENT

(1.) THE appellant / plaintiff in the Suit filed this Appeal Suit, as against the Judgment and Decree in O.S.No.236 of 2004, dated 12.10.2007 on the file of Additional District Court (Fast Track Court -I), Thanjavur.

(2.) THE appellant / plaintiff filed a suit for partition of her half share in the suit property. Briefly the case of the appellant / plaintiff stated in the plaint is that the marriage between the plaintiff and defendant took place on 23.02.1994 and one female child was born, but subsequently died. The suit property (vacant site) was purchased by the defendant on 05.02.1992 by way of a registered sale deed and had constructed partly in the ground floor by availing loan. After the marriage, completed the ground floor and also constructed first floor with the contribution of the plaintiff i.e, the plaintiff has directed to pay the instalments of the loan availed by the defendant. The entire earnings of the plaintiff have been spent for development of the suit property. Since the defendant developed adulterous life with one Kowsalya, the plaintiff preferred a complaint before the All Women Police Station and a case has been registered in Crime No.1 of 2004. Since the defendant ignored the plaintiff, she is residing along with her mother in the suit property. The defendant has taking steps to sell the suit property and acting against the interest of the family. Therefore, the plaintiff is not willing to remain in joint possession of the suit property and demanded portion of her share in the suit property from the defendant. But the defendant has not agreed to give share in the suit property. Without prejudice to the right of partition, the plaintiff is entitled to the right of residence under the provisions of Hindu Adoptions and Maintenance Act, 1956. Since the defendant is trying to dispose the suit property with ulterior motive,, the plaintiff filed the suit for partition of her half share in the suit property.

(3.) THE trial Court has framed the following five issues for consideration: -