DELPHINE MARY Vs. SALETH MARY

JUDGEMENT

(1.) The appeal has been preferred by the defendant as against the judgment and decree dated 17.03.2017 passed in the suit filed by the respondents for partition of the properties belonging to one Parisutham Nadar, husband of the 1st respondent and father of the appellant as well as the 2nd respondent.

(2.) The suit "A" Schedule, " B" Schedule and "C" Schedule properties belong to the father Parisutham Nadar, having been purchased by him and he died intestate on 11.12001 leaving behind the appellant as well as the respondents to inherit the properties. Therefore, the suit for partition has been filed.

(3.) The younger daughter of Parisutham Nadar, namely, the appellant herein was shown as the defendant, who contended that not only "A" schedule, "B" schedule and "C" schedule properties, but also"D" schedule property, ie., land and house bearing Door No.4, Nirmala Nagar, Vallam Road, Thanjavur Town also belongs to Parisutham Nadar, having purchased the said property in his wife's name, the 1st respondent herein. Therefore, all the properties have to be included for partition. It is the further case of the appellant/defendant that "D" Schedule property was purchased by Parisutham Nadar and not by his wife, as she did not have any income and was only a housewife. On the side of the plaintiffs (respondents herein), 2 witnesses were examined and on the side of the defendant(appellant) herein, 3 witnesses including the appellant were examined. On appreciation of pleadings and evidence, the Trial Court decreed the suit with regard "A" schedule, "B" schedule, and "C" schedule properties and held that "D" schedule property is the absolute property of the 1st respondent, who settled the property in favour of the 2nd respondent as early as on 30.12.2002. The said decree and judgment is being challenged before this Court.