M CHIDAMBARAM Vs. R SAKUNTHALA

JUDGEMENT

(1.) This Appeal Suit has been directed against the judgment and decree dated 28.02.2011, passed in Original Suit No.666 of 2008, by the Additional District and Sessions Court (Fast Track Court No.V), Tiruppur.

(2.) The respondent herein, as plaintiff, has instituted O.S.No.666 of 2008, on the file of the trial Court, praying to pass a preliminary decree of partition in respect of her 2/3 share in the suit property; wherein, the present appellant has been shown as sole defendant.

(3.) In the plaint it is averred that the suit property is the absolute property of one Mani, who is none other than the father of the plaintiff and defendant and his wife's name is Lakshmi. The said Mani has passed away in the year 1998, leaving behind him the plaintiff, defendant and their mother. The mother of the plaintiff has executed a Settlement Deed dated 110.2005 in favour of the plaintiff and further, the defendant has voluntarily obtained a release deed from the plaintiff in respect of her 1/3 share, by virtue of a Release Deed, dated 109.2000. Under the said circumstances, the plaintiff is having 2/3 share in the suit property. Since the defendant is not amenable for partition, the present suit has been instituted for the relief sought therein.