K A ALAGIAH Vs. A A CHINNAZHAGU

JUDGEMENT

(1.) THE first respondent herein filed O. S. No. 244 of 1995 on the file of District Munsif, Madurai Taluk for decree and judgment that any encumbrance done by the first defendant with the second defendant or his men to sell away the properties in any manner, including half share of the property of the plaintiff, is null and void and consequently restraining the defendants by way of permanent injunction from in any way alienating or selling away the properties to third parties.

(2.) A perusal of the plaint clearly shows that the plaintiff has adopted a camouflage and instead of directly praying for a declaration of her half share in the properties or directly asserting that she has got one half share in the suit property and preventing the defendants from alienating the properties, has prayed for a declaration that the alienation affected by the defendants is null and void, which is only on the basis that the plaintiff is entitled to one half share in the properties. It is not necessary for me to go into the basis of the claim made by the plaintiff to a half share in the properties.