G VENKATARAMAN Vs. N RAJESWARI

JUDGEMENT

(1.) This civil suit has been filed, to pass a judgement and decree, against the Defendants:-

(2.) Plaint:- The 1st Plaintiff and the 1st Defendant are husband and wife. The 2nd Plaintiff is the father of the 1st Plaintiff and the 2nd Defendant is the father of the 1st Defendant. The 1st Plaintiff and the 1st Defendant were married on 5.7.2000 at Vellore. They also have a female child Keerthana, who was aged 9 years at the time of institution of the suit. The wife of the 2nd Defendant had settled in favour of the 2nd Defendant, by a registered settlement deed, a vacant piece of land, measuring 3612 sq.ft. at Plot No.10, Kannagi Street, Choolaimedu, Chennai-94. The 2nd Defendant had in turn settled a portion of the vacant site, measuring 1680 sq.ft. to the 1st Defendant on 13.3.2003 and possession was also handed over to her. It had been stated that the 2nd Plaintiff being the father of the 1st Plaintiff, decided to provide a residential accommodation for the 1st Plaintiff and the 1st Defendant. Consequently, he invested money for construction of a storeyed building on the said land. The total area constructed in the ground floor and the first floor measured about 1225 sq.ft. In the second floor, there was a constructed portion of 320 sq.ft.

(3.) It had been stated that the cost of the construction in the year 2003 was Rs.28 lakhs. It had been stated that the 2nd Plaintiff was a retired Superintending Engineer (PWD) in the Government and consequently, he had supervised the construction work. Moreover, the mother of the 1st Plaintiff Mrs.Pakkiri Ammal had contributed a sum of Rs.5 lakhs to the 1st Plaintiff by cheque and the 1st Plaintiff had contributed Rs.7 lakhs by selling his share of the property at Cuddalore and he had also contributed cash of Rs.3 lakhs, the income from his business in dealing with second hand cars. The 2nd Plaintiff had contributed Rs.3 lakhs from his pensionary benefits. The 1st Plaintiff had also obtained a loan of Rs.9 lakhs from the Indian Overseas Bank, Aminjikarai, Chennai, which was given on the security of the said land. The mother of the 1st Plaintiff, by selling her gold jewels and silver articles, had contributed a further sum of Rs.1 lakh towards the construction. It had been stated that masons and workers were brought from Cuddalore. The wood work was also done at Cuddalore and transported by lorries. Grill work was also done at Cuddalore. The other building materials like, steel, cement, bricks and marbles were purchased at Madras and some materials from Cuddalore on hire basis. The building has RCC framed structure. The main door was made up of teak wood with ornamental works and mirror finish plastering was done. The flooring was done with marbles. Over head tank had also been constructed. It had been stated that the 1st Defendant under the instigation of the 2nd Defendant picked up a quarrel with the 1st Plaintiff on 14.5.2009. In this connection, a complaint was also lodged by her with the Thousand Lights Women Police, Chennai, but after enquiry, it was found that the complaint was false. Owing to marital differences, the 1st Plaintiff had shifted to a temporary residence at No.23, Surya Flats, Kamaraj, 3rd Street, Choolaimedu, Chennai and the 1st Defendant had occupied the suit property.