DEVASIRONMANI Vs. RAJATHANGAM T

JUDGEMENT

(1.) DEFENDANTS 2 and 3 in O.S. No. 573 of 1984, on the file of District Munsifs Court, Nagercoil, are the appellants.

(2.) MATERIAL averments in the plaint may be stated as follows:- Plaint property, according to plaintiff, belonged to him and first defendant as per settlement deed dated 3.10.1959, registration copy of which is marked as Ex. A-1. The property originally belonged to their father Daveed Nadar. It is the case of the plaintiff that on the basis of Ex. A-1, they obtained absolute title. It is a gift, In spite of various demands, defendants are not co-operating to effect a partition.

(3.) TRIAL Court recorded evidence, both oral and documentary, on the basis of the above pleadings. P.W. 1 is the plaintiff. 3rd defendant got herself examined as D.W. 1. Their mother (Second defendant) was examined as D.W. 2. Exs. A-1 to A-23 were marked on the side of plaintiff. Exs. B-1 to B-4 were marked on the side of defendants. Exs. C-1 and C-2 are respectively the Commissioner's Report and Plan.