KUNDHAVI Vs. T J POLLO

JUDGEMENT

(1.) THIS appeal challenges an order of the learned single Judge of this Court allowing an application for rejection of the plaint in C.S.No,659 of 2004 whereby the appellant sought for partition of her 1/8th share in the suit property.

(2.) THE Court heard the learned counsel for the appellant and the learned counsel for the respondents.

(3.) THE learned counsel appearing for the appellant in short would submit that it is an admitted position that the grand father got the property by way of a sale deed dated 1.2.1971 in respect of the entire property and in so far as the first defendant was concerned it was actually settled upon him originally. If to be so, the first defendant is treating the property as the Joint family Property and all the records and income tax returns would show that the property got the character of a joint family property. It is the joint family property naturally the plaintiff is entitled to a share. Only after framing issues, allowing the parties to put forth the evidence and on appreciation of the same, a correct decision could be taken, but the learned trial Judge has allowed the application seeking rejection of the plaint, hence, it is erroneous. Under such circumstances, the order of the learned single judge had got to be set aside.