V.P.BHUVAANESHWAREI Vs. P.KASTHURI

JUDGEMENT

(1.) This Civil Suit has been filed for partition and separate possession of the plaintiffs 1/3 share each in the schedule mentioned properties.

(2.) It is the case of the plaintiff that one V.R.Palanisamy was working in the Government Service and retired as a settlement officer in the land ceiling office. He worked for more than 32 years. The plaintiffs and second defendant are the children and the first defendant is the wife of V.R.Palanisamy. The said V.R.Palanisamy purchased properties in his name and his wife's name. The first defendant is a house wife and did not have any income of her own. The Properties are purchased and developed out of the funds of V.R.Palanisamy. The late V.R.Palanisamy was the absolute owner of the schedule mentioned properties and was in his exclusive possession and enjoyment of the same. The said properties were purchased in his wife's name only from his own funds and his wife did not have an independent source of income. The father of the plaintiffs and the second defendant died intestate on 20/10/2014 leaving behind the plaintiffs and the defendants as his legal heirs. The plaintiffs and the second defendant have got 1/3 rd share each as per the Hindu Succession Act. The first item of the schedule mentioned property is in the possession and enjoyment of the plaintiffs and the remaining properties are in the joint possession and enjoyment of the plaintiffs and the defendants. The defendants taking advantage of the sale deeds registered in the name of the first defendant, are attempting to grab the entire properties mentioned in the schedule hereunder for their own. The acts of the defendants are illegal and unlawful. The defendants are acting against the welfare and interest of the plaintiffs.

(3.) The first plaintiff got married to one M.Kannan on her own on 18/11/2015. Likewise, the second plaintiff also got married on 7/12/2015 after the demise of V.R.Palanisamy. Neither the defendants nor the father of the plaintiffs incurred any expense for the marriage of the plaintiffs. While, the second plaintiff is working as a system analyst at Chennai has given a sum of Rs.19,56,037.00 from her own earnings to her father during his lifetime for the construction of house in the second item of the schedule mentioned property. As such the second plaintiff is entitled to recover the same from the properties of her father irrespective of her share in them. The plaintiffs asked for the partition of their 1/3 share each in the schedule mentioned properties and asked for the separate possession of the same. But the defendants are not at all heeding to it with unlawful and malafide intention. The plaintiffs caused a legal notice dtd. 8/2/2017 to the defendants asking for partition and separate possession of their 1/3 share each in the plaint schedule properties. The defendants even after receipt of the legal notice did not come forward for partition or send any reply to the legal notice. The plaintiffs are having lawful share over the schedule properties. Pending suit, the first defendant died on 31/5/2021 and her legal heirs are already on record vide order dtd. 11/4/2022 in A.No.966 of 2022. The plaintiffs filed an application in A.No.1923 of 2024 to delete the item No. 2 properties since, it is acquired by the Government even before institution of this suit and the same was granted by this Court vide order dtd. 8/4/2024 to delete the item No.2 in the suit schedule property. Hence, the plaintiffs filed this suit for partition and separate possession claiming for 1/3 share in the suit schedule properties.