M S SHANMUGAPRIYA Vs. S THYAGARAJAN

JUDGEMENT

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

(2.) It had been stated in the plaint that the Defendants are the parents of the Plaintiffs. The grand father of the Plaintiffs, namely, K.Purushothaman, had created a Trust, by name, Anuradha Family Trust (AF Trust) on 27.3.1982 for the benefit of the family members, viz, the Plaintiffs and the Defendants. K.Purushothamn died on 26.5.1999. The net income of the Trust shall be divided among the beneficiaries as per Clause 7 of the Trust Deed. Out of the income from the Trust, the suit properties had been purchased in the name of the Trust. The trust expired on 26.5.2002 and thereafter, the Trust was not renewed, due to misunderstanding between the parties. The duration of the Trust had come to an end on the expiry of 20 years and hence, the beneficiaries of the Trust are entitled to get their respective share of profits in the ratio mentioned in the Trust Deed. The Plaintiffs being the coowners are in joint possession of the suit properties along with the Defendants. By various letters dated 10.1.2005, 5.3.2007 and 15.4.2010, the Plaintiffs demanded partition of the suit properties, which was denied by the Defendants. Hence, this civil suit has been filed for partition and separate possession as stated above.

(3.) Though the Defendants 1 and 2 were served on 22.9.2015 and 15.10.2015 respectively, no written statement had been filed by the Defendants and hence, the matter was ordered to be listed under the caption of "Undefended Board". For non filing of the Written Statement, the Defendants were set exparte and Exparte Evidence was ordered to be recorded by the order of this court dated 24.03.2017. The 1st Plaintiff had filed the proof affidavit for her chief examination on behalf of the Plaintiffs and receipt of sixteen documents as documentary evidence to prove their claim. In the Exparte Evidence, the 1st Plaintiff had examined himself as PW.1 and marked Exs.P1 to P16 as documentary evidence in order to prove the suit claim.