D. DAMODARAN Vs. D. LEELAVATHI AMMAL

JUDGEMENT

(1.) C . S. No. 6 of 1973. Suit for declaration relating to the half share in house and ground No 31, Basin Water Works Street, G. T. Madras', for division, and for separate possession of the said half share.

(2.) THE plaint allegations inter alia are :

(3.) THE written statement of the first defendant is to the following effects : The plaintiff's parents did not own any property and the plaintiff had no wherewithal to contribute to the purchase of the suit site or for the construction of the superstructure thereon. The plaintiff was employed as a clerk on a meagre salary in S. R. V. S. Limited and his monthly income was not sufficient to meet the needs of the family. It is not true to say that the plaintiff paid Rs. 1,292 towards the cost of the site. The superstructure was put up from the monies borrowed by executing mortgages in favour of Messrs. Southern Roadways which was discharged by executing a later mortgage in favour of Lakshmana Chetty. The money borrowed under the mortgage in favour of Boodevi Ammal was utilised to complete the additional construction. The money borrowed under the mortgage in favour of Pukhraj Chordia was used only for the marriage of Vijayalakshmi, the second daughter. On 4 -12 -1970 a sum of Rs. 20,000 was borrowed from the second defendant in order to discharge the prior mortgage in favour of Lakshmana Chetty and also the debt under the promissory note and to meet the other family expenses. The suit property is not jointly owned by the plaintiff and the first defendant, nor is the plaintiff in joint possession and enjoyment of the property and it belongs to the first defendant absolutely. The plaintiff has no right, title or interest and hence the suit is liable to be dismissed.