PALANICHAMI Vs. AMMINI

JUDGEMENT

(1.) THE defendant in the suit is the appellant herein. THE appellant/ defendant and respondent/plaintiff are brother and sister. THE suit was filed by the sister claiming 1/4 share in the suit properties on the premise that the suit properties were the joint family properties of the Hindu Undivided Family, of which the father of the parties herein and the appellant/defendant herein were the coparceners, each entitled to 1/2 share in their capacity as coparceners. By virtue of Section 6 Proviso, the respondent/ plaintiff has claimed to be entitled to an equal share along with her brother in the undivided interest of the father in the joint family property. Thus, she had claimed totally 1/4 share in the suit properties.

(2.) THE appellant/defendant herein resisted the claim of the respondent/plaintiff herein contending that the respondent/plaintiff had been provided with sufficient seers at the time of her marriage and hence she was not entitled to any share in the suit properties. It was also contended therein that the respondent/plaintiff was ousted and the appellant/defendant was enjoying the suit properties openly denying the right of the respondent/plaintiff and for that reason also the respondent/plaintiff should be non-suited. It was also contended that in view of the fact that the respondent/plaintiff was ousted from the suit properties she could not be construed to be in joint possession of the properties.

(3.) THE learned trial Judge, after considering the pleadings and evidence, both oral and documentary, came to the conclusion that the plaintiff's claim was sustainable and the defendant's plea could not be accepted. Based on the conclusion, the learned trial Judge pronounced a judgement allowing the suit and granted a preliminary decree directing division of the suit properties into four equal shares and allotment of one such share to the respondent/plaintiff. Aggrieved by and challenging the same, the appellant/defendant has brought forth this appeal on various grounds set out in the memorandum of appeal.