(1.) The suit is filed for partition and to allot 1/3 share in the ground floor in 'A' schedule property and 1/3 share in the 'B' and 'C' schedule property and for mesne profits.
(2.) The plaintiff is the daughter of the first defendant and sister of the second defendant. The plaintiff's father was allotted an AP plot of 880 sq.ft. with a built up area of about 350 sq.ft. in O-Block Ganapathy Colony, Anna Nagar (East), Chennai by the Tamil Nadu Housing Board during his service and the entire sale consideration was paid by him. The whole family was residing there. After his demise, the property was transferred to to the first defendant in 1990. The plaintiff by availing loan and out of her salary income built one portion about 150 sq.ft. for a shop in the ground floor and a house measuring about 500 sq.ft. in the first floor in the schedule 'A' mentioned property during the year 1992-1993. The whole family stayed in the ground floor house and the first defendant let the shop and first floor house for rent. The plaintiff, even after her marriage continued her job in Chennai. Her younger sister who was physically and mentally challenged died in February 1996. The first defendant entered into an agreement for sale of the 'A' schedule property for a sale consideration of Rs.8,60,000/- and received an advance of Rs.2,80,000/-. Out of the said advance amount, she has purchased another property in Mogappair West measuring 468 sq.ft. Thereafter, the sale agreement could not be finalised and the original buyer demanded for the refund of the advance amount. The plaintiff had mobilised funds and refunded the advance amount received by the first defendant. After considering the plaintiff's contribution and support to the welfare of the family, the first defendant registered a settlement deed in favour of the plaintiff in respect of the first floor portion of schedule 'A' property in August 1998 as per Doc.No.2460 of 1998. The second defendant is also mentally challenged and the first defendant has not spent a single pie even during her marriage. In all the properties, the plaintiff has 1/3 share. Hence, prayed for partition.
(3.) The brief averments of the written statement filed by the first defendant and adopted by the second defendant :