M GOMATHI (DIED) Vs. T K SANKAR

JUDGEMENT

(1.) This first appeal has been preferred against the judgment and decree passed in O.S.No.105 of 1984 by the Principal Sub Judge, Tirunelveli, dated 30.03.1993.

(2.) For the sake of convenience both the parties will be referred to as they were before the trial Court.

(3.) The brief facts of the case filed by the plaintiff are that the plaintiffs had filed a suit for partition with regard to their share in the suit properties. The suit properties are the joint family properties belong to the 1st plaintiff, 1st defendant and the 1st plaintiff's brother Gandhimathi Nathan. Therefore the plaintiffs are entitled to 1/3 share in the suit property and the 2 to 5 defendants, who are the legal heirs of the Gandhimathi Nathan, are entitled to another 1/3 share in the suit properties. The 1st defendant is the father of the 1st plaintiff, who is in the custody of the 2nd defendant. The 2nd defendant is trying to grab the entire suit properties from the 1st defendant and the 1st defendant also executed a consent deed to transfer the entire properties to the 2nd defendant on 09.05.1983. In this way, the 1st defendant is trying to alienate the suit properties to any other third parties. The 1st defendant has borrowed a sum of Rs.20,000/- from the 10th defendant by executing a mortgage deed. In this way, the 1st defendant created false documents with an intention to deny the right of the 1st plaintiff.