SARASWATHI Vs. M. MARUTHACHALAM

JUDGEMENT

(1.) The second defendant has preferred this second appeal, challenging the judgement and decree dated 3.8.2010 made in A.S.No.126 of 2009 on the file of the first Additional District Court, Coimbatore, reversing the judgment and decree dated 02.12.2008 made in O.S.No.369 of 1998 on the file of the Sub-Court, Tiruppur.

(2.) The suit has been laid for partition by the plaintiff.

(3.) The averments contained in the plaint in brief are as follows: The suit property originally belonged to the plaintiff's father Marudha Gounder by virtue of the sale deed dated 05.09.1962. The plaintiff and the first defendant are the sons of Marudha Goundar. Marudha Gounder died intestate on 16.11.1996 leaving behind the plaintiff and the first defendant as his legal heirs. After the death of Marudha Gounder, the plaintiff and the first defendant are in joint possession and enjoyment of the suit property. Despite demands by the plaintiff for partitioning the suit property, the second defendant, who is the wife of the first defendant, had stalled the same claiming that the suit property absolutely belonged to her by virtue of the settlement deed dated 30.12.1998 executed by the first defendant. Since the defendants have not come forward to effect the partition as sought for by the plaintiff, the suit has been laid.