NATARAJAN Vs. V CHINNASAMI

JUDGEMENT

(1.) The plaintiff in O.S.No.69 of 1985 on the file of the Sub Court Ariyalur is the appellant. The plaintiff filed the suit for partition and the same was dismissed and aggrieved by the same, this appeal is filed by the plaintiff.

(2.) The plaintiff died and his legal representatives were also brought on record. The case of the plaintiff as seen from the plaint is as follows:-

(3.) The first defendant filed statement stating that items 1, 2, 6 and 7 were sold to Chellammal for a valid sale consideration and that sale deed is binding on the plaintiff and it was not executed to cheat the creditors and after the sale of items 1, 2, 6 and 7, there was no ancestral properties and on 1.7.1962, Chellammal executed a gift deed in respect of those properties to the first defendant and therefore, items 1, 2 6 and 7 became separate properties of the fist defendant and the plaintiff cannot claim any share in those properties and other properties were purchased from the income of the first defendant and all those properties were the properties of the first defendant and he has got every right to sell the properties and those sale deeds cannot be questioned. The plaintiff cannot have any share in those properties.