MEKHALA Vs. S.R.G.VIGNESH RAJA

JUDGEMENT

(1.) The appeal had been filed against the judgment and decree dtd. 29/6/2018 in OS No.164/2013 on the file of the III Additional District Court at Trichy.

(2.) The defendant therein is the appellant herein. OS No.164/2013 has been filed by the respondent seeking partition and separate possession of 1/2 share of the suit property. In the plaint, it had been contended that the husband of the appellant herein and the respondent had both jointly purchased the suit property by way of five separate sale deeds dtd. 27/1/2010. They had proposed to put up a nursing home in the suit property. There were differences of opinion between them. Thereafter the respondent had taken a conscious decision to move away from the business but retained the right over the property. Since the properties were still in the names of both the respondent and the husband of the appellant, the suit was laid seeking partition and separate possession of 1/2 share.

(3.) In the written statement filed, the co-ownership of the property had been admitted. However, it had been further stated that compensation had been paid to the respondent and an agreement in that regard had also been entered into. It had been contended that therefore there cannot be any partition as claimed either of the properties or the business.