LAWS(MAD)-2015-7-429

RATHINASABAPATHY Vs. SELLATHAL

Decided On July 28, 2015
Rathinasabapathy Appellant
V/S
Sellathal Respondents

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No.440 of 2015 in I.A.No.126 of 2014 in O.S.No.530 of 2004 on the file of District Munsif, Dharapuram, the 8th defendant has filed the above Civil Revision Petition.

(2.) The plaintiff filed a suit in O.S.No.530 of 2004 for partition and separate possession. The trial Court passed a preliminary decree on 12.10.2006. Thereafter, pursuant to the preliminary decree passed in O.S.No.530 of 2004, the plaintiff filed a Final Decree application along with her daughter, who is the respondent herein.

(3.) In the final decree application, the respondent and her mother have stated that under a registered Settlement Deed dated 14.6.2007 and also Will dated 16.4.2010, the mother of the respondent had allotted her 1/4th share in the property to and in favour of her daughter, the respondent herein. Further, she has stated that pursuant to the preliminary decree passed in the suit, the respondent is entitled to 1/4th share.