RAJALAKSHMI Vs. E.BALAKRISHNAN

JUDGEMENT

(1.) The appellant / second defendant has come forward with this Appeal Suit, challenging the decree and Judgment passed by the trial Court in O.S.No.26 of 2010, on the file of learned District and Sessions Judge, Kanyakumari at Nagercoil, on 06.08.2012.

(2.) Respondents 1 and 2, as plaintiffs, filed a Suit for partition and separate possession for their 2/5 share in the suit property stating that the property originally belonged to one Easwara Pillai. He executed a Gift Deed in favour of his second wife / Jegadhamma and giving life estate to her and vested remainder to children born to both first wife and second wife, Sathia Bama and Jegadhamma respectively. Jegadhamma died. The first wife having one daughter and three sons viz., Sethulekshmi/D1 and Ramachandran, Balakrishnan/P1, Sadhasivan/P2. Ramachandran died. His wife is Chandra / D3. His daughter is 5.Sathia / D4, Son is Chenthil/D5. His predeceased daughter Suja's legal heirs are Sarathy/D6, Sabari/D7 and her husband Saravanan/D8. Since the property is in possession of the 2nd defendant/appellant, she filed a Suit for partition and separate possession. Admittedly, the first item of the Suit property is agricultural property and the second item is house property, where the 2nd defendant/appellant is residing. Only the 2nd defendant / appellant herein alone contesting the suit stating that she has purchased 1/5 share from the 1st defendant in 1980 another share of 1/5 from Ramachandran on 22.09.1980. So, totally she is entitled to 3/5 share. Since she is residing in the second item of the suit property and first item of the suit property also in her possession, she wants preemptive right over the suit properties. She further submitted that the properties are incapable of division. Hence, she prayed for dismissal.

(3.) The 3rd defendant has also filed a written statement. He has no objection for partition.