M.ANGURAJ Vs. B.V.A.SEKAR

JUDGEMENT

(1.) Challenging the preliminary decree declaring 1/2 share of the property in favor of the plaintiff, the present appeal has been filed.

(2.) The parties are arrayed to as per their own ranking before the Trial Court.

(3.) The first defendant is the nephew of the plaintiff, the second defendant is the niece, third defendant is the sister in law and the fourth defendant is the brother of the plaintiff. It is the case of the plaintiff that the property originally belonged to one Dhanabhagiam and her sister Mylathal by virtue of sale deed dtd. 30/1/1981. The said Mylathal released her half share in favour of Dhanabhagiam vide release deed Doc.No.756/2005, hence, Dhanabhagiam has become the absolute owner of the property. The said Dhanbhagiam settled portion of the property measuring to an extent 530 sq.ft., of land together with building in favour of the plaintiff's brother B.V.A.Ganesh/fourth defendant. On the same day, she has settled an extent of 1060 sq.ft., in favour of plaintiff and plaintiff's brother B.V.A.Manohar. Ever since the date of settlement, the plaintiff and B.V.A.Manohar have become absolute owner of the property settled in their favour. B.V.A.Manohar was residing in the first floor and the plaintiff was residing in the ground floor. A portion of the schedule property was let out, and rental income was shared between plaintiff and his brother. Since the building is in a dilapidated condition more than 100 years old. During August 2007, plaintiff vacated the ground floor portion and let out the same on rent and the brother agreed to fix a nominal rent for the first floor which was in occupation of B.V.A.Manohar and share the rents amongst them equally. Since it was becoming very difficult to maintain the suit property, the brothers decided to demolish the existing buildings over the suit property and construct new ones in their respective portions after effecting partition of land in the suit property