(1.) This second appeal has been filed against the judgment and decree dated 29.08.2008 in A.S.No. 9 of 2008 on the file of the Principal Subordinate Judge, Salem confirming the Judgment and decree dated 25.08.2005 in O.S.No.928/1997 on the file of the learned II Additional District Munsif, Salem.
(2.) The brief fact of the pleading to file this second appeal is as follows:
(3.) It is the contention of the learned counsel appearing for the defendants that as per the partition deed dated 27.10.1994, the plaintiff and defendants are in separate possession and enjoyment of their portions. In 1984, their father purchased the middle portion of the 2nd item of the suit property from joint family funds and they were jointly residing in the thatched house and the property was treated as joint family property. Plaintiff's mother had no money of her own and no means to purchase any property of her own at any time. The 1st item was purchased by their father in 1971 and subsequently, on 03.11.1980, two plots adjacent to their property were purchased by his father in the name of his wife namely the mother of the parties. According to the defendants, the plaintiff has not purchased the above plot. The alleged settlement deed was forcibly obtained by the plaintiff from her mother by way of a gift deed. The gift deed which covers property, was not the property of the mother and so, it conveys nothing. The plaintiff's father was also not aware of the gift deed.