G SUGUNAMBAL Vs. DHANALAKSHMI AMMAL

JUDGEMENT

(1.) This Civil Suit has been filed seeking (a) to pass a preliminary decree for partition by dividing the Item No.1 of the suit property by metes and bounds and allocate 2/3 shares to the fourth plaintiff or in the event of property indivisible, directing the fourth defendant to sell his share to the fourth plaintiff for the value fixed by the Court; (b) for a declaration that the fourth plaintiff has title over the 2/3rd undivided share in respect of Item No.1 of the property and injunction restraining the defendants from interfering with the peaceful possession of the same; (c) for a declaration that the settlement deed, dated 24.03.1989 executed by the first defendant in favour of second and third defendants with respect to Item No.2 of the suit property as sham and nominal and to declare that the plaintiffs are the absolute owners of the property and (d) for permanent injunction restraining the defendants from alienating or dealing with the suit Item Nos.1 and 2 except in accordance with law.

(2.) The plaint averments are as follows :

(3.) The averments made in the written statement filed by the first defendant are as follows :