O R DHANALAKSHMI ANIMAL Vs. O R SATYAMURTHI

JUDGEMENT

(1.) THIS appeal has arisen out of the judgment and decree dated 20.10.1982 in O.S.No.285 of 1981 on the file of the I Additional Subordinate Judge, Madurai.

(2.) THE suit is for partition of the suit properties into 8"14 sharefor plaintiff and l/14th share for each of the defendants and for separate possession of 8"14th share in items 1 and 2. To direct the appointment of aCommissioner for that purpose and to direct the first defendant to pay to the plaintiff his 8"14th share in the income of items 3 and 4 and for costs, andother reliefs.

(3.) ON these pleadings, the trial court framed twelve issues, it took up the seventh issue with reference to the release deed dated 14.7.1970 as a first item for consideration and has dealt with elaborately. It found that the release deed was genuine and the recitals are true and binding the defendants. Then it has taken the issues 1 to 5 about the business, together and found that the business Dhanam Soap works and Dhanam Chem Dyes, Lakshmi Chem Dyes were family business and that the eastern half of the first item and the second item of the properties were purchased benami in the name of the first defendant for the benefit of the family. After holding so, the trial court granted 8"14th share the first three items of properties, and decree was passedin respect of those items only.