LAWS(MAD)-2016-8-21

M.SIVALINGAM Vs. MRS.RAJINI MAHALINGAM

Decided On August 09, 2016
M.SIVALINGAM Appellant
V/S
Mrs.Rajini Mahalingam Respondents

JUDGEMENT

(1.) The suit is filed by the plaintiff against the defendants for the following reliefs:

(2.) The averments made by the plaintiff in the plaint are as follows:

(3.) The first defendant filed written statement to the suit. In the written statement it is stated that the entire sale consideration for purchase of the suit property was paid out of the sale proceeds of the joint family plot at Raja Colony, Trichy, which stood in the name of the plaintiff's wife. The plaintiff is only the name lender of the suit property and he cannot claim exclusive ownership of the suit property. It is further stated that the first defendant's husband M.Mahalingam was the elder son of Mr.O.P.Muthiah. Her husband was acting as the Manager of all the joint family venture of O.P.Muthiah & Co., concern, which runs several Theatres in Tamil Nadu, besides doing distribution of Cinema films in Trichy, Tanjore and Pudukottai area. It is the specific case of the first defendant that there was a family mediation, in which, it was agreed that the first defendant would be provided a secured residence at Chennai and that she was advised to reside in the suit property as security for the same. It is stated further that the plaintiff is not the absolute owner of the suit property.