V RAGHUKUMAR Vs. K VIJAYALAKSHMI

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 26.11.2015, passed in O.S.No.12 of 2012, by the III Additional District, Court, Tiruvallur, at Poonamallee.

(2.) The appellant herein, as plaintiff, has instituted O.S.No.12 of 2012, on the file of the trial Court, praying to pass a preliminary decree of partition, declaration and perpetual injunction, wherein, the present respondent has been shown as second defendant.

(3.) It is averred in the plaint that the plaintiff is the son of one Krishna Reddy and Vijayalakshmi, who has been arrayed as the first defendant. The said Krishna Reddy has passed away on 21.08.2007. The suit properties are the joint family properties. The first defendant is a mentally retarded person. By utilising mental illness of the first defendant, on 25.08.2011, the second defendant, who is none other than the sister of the plaintiff, has obtained a settlement deed in her favour and the same is not valid in law. Since all the suit properties are joint family properties, the plaintiff is having half share. Since the second defendant is not amenable for partition and since she has made arrangement to make interference with the peaceful possession and enjoyment of the plaintiff, the present suit has been instituted for the reliefs sought therein.