SUBBAN Vs. CHANDRAN

JUDGEMENT

(1.) THESE Second Appeals have been directed against the concurrent Judgments and decrees passed in Original Suit No.103 of 1997 by the Sub Court, Sivagangai and in Appeal Suit Nos.213 and 236 of 1998 by the District Court, Sivagangai.

(2.) THE Appellant in Second Appeal No.602 of 2011 and respondent in Second Appeal No.213 of 1998 as plaintiff has instituted Original Suit No.103 of 1997 on the file of the trial Court for the reliefs of declaration, permanent injunction and also for recovery of possession in respect of suit items 1 to 3, wherein the appellants in Second Appeal No.245 of 2011 and the deceased have been shown as defendants.

(3.) IN the written statement filed on the side of the defendants, it is averred that it is false to contend that suit items 1 and 2 are the separate properties of the plaintiff. The first defendant has purchased the same by utilising separate earnings and subsequently he purchased suit item 3 by utilising his separate funds and thus suit items 1 to 3 are the separate properties of the first defendant. For the benefit of the plaintiff and defendants, suit items 4 and 5 have been purchased by utilising the amounts sent by the plaintiff as well as third defendant. On 15.06.1987, a registered partition has taken place in respect of the suit 6th item and now the plaintiff and other defendants have been enjoying their respective shares. The plaintiff has asked the second defendant to lease out the house bearing door No.11-I and the second defendant has leased out the same on a monthly rental of Rs.700/-. The plaintiff has paid rent properly for some months and subsequently refused. There is no merit in the Suit and the same deserves to be dismissed.