S KODEESWARAN Vs. K SUBRAMANIAYAM

JUDGEMENT

(1.) The plaintiff in OS.No.168 of 2010 is the appellant. The suit was filed seeking partition and separate possession of the plaintiffs half share in the suit property. According to the plaintiff the first defendant who is the father was allotted certain properties in a partition that took place between him and his brothers on 19.12.1947. The said property was sold by the plaintiff, the first defendant, second defendant and the wife of the first defendant under a sale deed dated 22.02.1989 for a consideration of Rs.1,30,000/-. From and out of the said Rs.1,30,000/-, the suit property was purchased in the name of the first defendant, he being the eldest member on 27.11.1989.

(2.) The plaintiff would further submit that with the aid of the remaining amount as well as the joint exertion of the plaintiff as well as the first defendant the residential house was constructed in the suit property. It is claimed that on 08.08.2008 there was a mediation between the parties and it was agreed that the suit property shall be taken by the plaintiff and second defendant absolutely and the first defendant was paid a sum of Rs.3,00,000/- in lieu of his share in the property.

(3.) Pursuant to the said oral arrangement the plaintiff, his mother and the second defendant executed a sale agreement on 31.12.2008 in favour of one Etti Gounder who happened to be father-in-law of the second defendant. However, the said agreement did not fructify. Since the first defendant claimed exclusive right towards the suit property, the plaintiff was constrained to file the above suit for partition and separate possession of his half share.