N.SUBRAMANIAM Vs. RANGANAYAKI

JUDGEMENT

(1.) Defendants 7 and 8 in OS No.681 of 2012 are on Appeal aggrieved by the preliminary decree for partition granted in the said suit at the instance of the first respondent in this Appeal declaring her 1/4 th share in the suit property. The parties will be referred to as per the ranks in the suit for convenience.

(2.) The plaintiff launched the suit seeking 1/4th share in the suit property contending that it belonged to her father S.K.Subanna Gounder, who died on 29/1/1995 leaving behind the plaintiff, the first defendant and one Kaliammal, daughters and the second defendant son. The said Kaliammal died subsequently leaving behind the defendants 3 to 5 as the legal representatives. According to the plaintiff, agricultural land of an extent of 2 acres and 77 cents in Survey No.634/8 was purchased by Subanna Gounder under two Registered Sale Deeds dtd. 10/1/1947 and 1/3/1948. Even during his life-time, Subanna Gounder sold half of the said properties leaving behind the suit property which measures about 1 acre and 38 1/2 cents. According to the plaintiff, on the death of Subanna Gounder, the plaintiff and the defendants were in joint possession. As the son and the sole male member of the family, the second defendant was in possession and management of the property.

(3.) Claiming that the second defendant had without authority sold an extent of about 1 acre and 12 cents under a Sale Deed dtd. 11/9/1995 to the sixth defendant and one Balasubramaniam. One of the vendees viz. Balasubramaniam executed a Release Deed dtd. 10/8/1998 releasing his share in favour of the sixth defendant, thus the sixth defendant became the owner of the entirety of the property measuring 1 acre and 12 cents. The sixth defendant had in turn sold the property to defendants 7 and 8 under a Sale Deed dtd. 26/12/2006. Claiming that the Sale by the second defendant dtd. 11/9/1995 will not be binding on her 1/4th share in the suit property as the daughter of Subanna Gounder, the plaintiff sought for a preliminary decree declaring her 1/4th share.