K.M.BALASUBRAMANIAM Vs. SARANYA

JUDGEMENT

(1.) The present Appeal Suit has been filed by the first defendant against the Judgment and Decree passed by the Additional District Court Fast Track Court No.1, Erode, dated 14.03.2008 in O.S.No.26 of 2006 allotting 2/3 share in first item of "A" schedule and Item Nos.1 and 2 of "B" schedule suit property to plaintiffs 1 and 2 by way of preliminary decree and also awarding Rs.3,000/- per month as maintenance to the third plaintiff with a charge over the share of the first defendant in Item No.1 of "A" schedule and Item Nos.1 and 2 of "B" schedule suit properties.

(2.) The first plaintiff and minor second plaintiff through her guardian mother filed Cross-Objection against the dismissal of the suit with respect to Item Nos.2 and 3 of "A" schedule properties as self-acquired property of the first defendant.

(3.) In the plaint, the plaintiffs sought for the specific performance of agreement alleged to have been executed by the first defendant in favour of the third plaintiff and in alternative for a preliminary decree of partition of the suit properties and allot 2/3 share to the plaintiffs 1 and 2 and also for maintenance to the third plaintiff.