BATMAVADY Vs. SARALA

JUDGEMENT

(1.) The plaintiffs in O.S.No.41 of 2013 on the file of the III-Additional District Judge, Puducherry are on appeal, aggrieved by the decree and judgment dtd. 30/6/2016, in and by which, the suit for partition was decreed in part, granting a preliminary decree in respect of Western half of the suit property alone. The Trial Court had dismissed the suit in respect of the Eastern portion of the suit property, since it had upheld the settlement deed dtd. 31/1/2001 executed by late Dhanaraj @ Danaradjou in favour of his daughter / 1st defendant.

(2.) The plaintiffs, who are the wife, sons and daughter of late Dhanaraj @ Danaradjou sought for a preliminary decree to the effect that they are entitled to 1/7th share each over and above the 1/8th portion and for a declaration that the settlement deed dtd. 31/1/2001 executed by Dhanaraj @ Danaradjou in favour of the 1st defendant is null and void to the extent of 7/8th share and for other reliefs.

(3.) According to the plaintiffs, the suit property belonged to one Irrusammal, who had under a deed of donation dtd. 27/10/1959 settled it on Dhanaraj @ Danaradjou, son of Arunagiri. The plaintiffs would claim that the said Dhanaraj @ Danaradjou died on 18/7/2006, leaving behind the plaintiffs and the defendants 1 and 2 to succeed to his estate. The plaintiffs would also contend that the 3rd defendant attempted to disturb their possession on 19/2/2013, claiming that he had entered into a registered agreement of sale with the 1st defendant in respect of a portion of the property. On such a claim being made, the plaintiffs, applied for an encumberance certificate and upon getting the same, found an entry to the effect, the said Dhanaraj @ Danaradjou had executed a settlement deed in favour of the 1st defendant on 31/1/2001 and the 1st defendant had entered into a registered agreement of sale, agreeing to sell a portion of the property to the 3rd defendant on 18/2/2013.