B K SUBRAMANIA SAH Vs. B S RAMACHANDRAN

JUDGEMENT

(1.) THIS appeal arises against the judgment and decree of learned Additional District Judge of Fast Track Court-V, Madras, in passing a preliminary decree for partition of 3/4th share in suit property and injunction in favour of respondent/plaintiff against which, this appeal was preferred by the defendant.

(2.) FOR the sake of convenience, the parties are referred to as they are described in the plaint. Admittedly, the appellant/defendant is the father of respondent/plaintiff. Up to the month of June 1995, they were amicably living and thereafter, misunderstanding between the parties arose in respect of the relationship with the daughters of the defendant, who are the sisters of the plaintiff. There were two elder sisters, one younger sister and two younger brothers for plaintiff. D.V.Mohan Sah is the brother-in-law of the plaintiff. Under Ex.B-1, the plaintiff has produced some accounts in connection with Zari business done with Mohan Shah and that document depicts the income gathered by the plaintiff on every month of 1987.

(3.) EVEN in a letter of defendant to P.W.2, Thangaiah, which is dated 23.05.2002 (Ex.A-8), the defendant has chosen to write the following:"...My eldest son Ramachander has been sending his wife for asking for Rs.7 lakhs share. I have never asked for a loan. He gave Rs.1.20 lacs for help. But Ramachander has given accounts to his father in magic manner. In post office, the amount will be doubled. National Saving Certificate i.e.Rs.1.2 lacs will become Rs.2.4 lacs. But my eldest son is counting every year interest at the rate of Rs.1.20 lacs for 6 years. He is demanding for 6 years at Rs.7 lacs. He sent letter daily, during March 1995 and consequently during April 1996.... Please arrange to give me Rs.1.40 lacs so that I can give Rs.1 lac to Ramachandran and Rs.0.40 lacs to Sankar for medical help".The name Ramachander and the reference eldest son in the above letter do indicate only the plaintiff.