R VASANTHI Vs. R VENKATASUBRAMANIAN AND OTHERS

JUDGEMENT

(1.) The submissions made by Mr.C.S.R.Williams, learned counsel appearing on behalf of Mr.R.C.Paul Kanagaraj, learned counsel on record for the petitioner are heard. Copy of the impugned order and the copies of the other documents produced in the form of typed-set of papers and also the grounds of revision are perused.

(2.) The petitioner herein is the plaintiff in the original suit O.S.No.3254 of 2012 on the file of the XVI Assistant Judge, City Civil Court, Chennai. The first respondent is none other than her brother. The second respondent is none other than her mother and respondents 3 to 5 are the sisters of the petitioner. Admittedly, a release deed was executed by Ragupathy, the father of the petitioner/ plaintiff and father of the respondents 1 and 3 to 5 and husband of the second respondent, gifting the suit property to his only son, namely the first respondent herein. Contending that the gift deed dated 25.02.2004 executed by Ragupathy in favour of his son, namely the first respondent and registered as Document No.547 of 2004 at the office of the Sub-Registrar, T.Nagar was a sham and nominal document and hence, the said transaction of release was not binding on the petitioner/plaintiff, she claimed 1/6th share in the suit property. Accordingly, the suit was filed for partition and also a declaration that the said settlement deed was sham and nominal.

(3.) After the respondents entered appearance and filed their written statements and when the suit stood listed for trial, the petitioner herein/plaintiff filed I.A.No.6701 of 2015 for amendment of the plaint. The proposed amendment was to the effect that Raghupathy's mother Kamalammal owned a property comprised in D.No.32/54 and D.No.79/33, Sri Ram Pettai Street, East C.I.T.Nagar, Nandanam, Chennai- 600 035 as its absolute owner and she died intestate leaving her three sons, namely R.Vasantharayan, R.Murugesan and R.Raghupathy as her legal heirs; that R.Raghupathy, father of the plaintiff released his share in the said property of his mother for a consideration in favour of his other brothers; that using the amount thus derived by the release, the suit property in question, namely D.No.59/29, 1st Cross Street, C.I.T.Nagar, Nandanam, Chennai - 600 035 comprised in T.S.No.44 Block No.50 in R.S.No.40/5 measuring 1200 Sq.ft within the specified boundary, was purchased by him and that hence, the petitioner/plaintiff was having 1/6th share in the said property thus acquired by Raghupathy.