VIDHYA Vs. SARASWATHI

JUDGEMENT

(1.) The second defendant in O.S.No.35 of 2009 having suffered a decree for partition and separate possession of the plaintiffs 3/4th share in the suit 'A' and 'B' schedule properties at the hands of the Courts below has come up with this second appeal.

(2.) The case of the plaintiffs is that the suit properties belonged to one Palanisamy. According to the plaintiffs, the said Palanisamy had married the first plaintiff and out of the said wedlock the plaintiffs 2 and 3 were born. It is further claimed that Palanisamy developed intimacy with the first defendant and out of the said relationship the second defendant was born to Palanisamy and the first defendant. The second defendant is said to be the illegitimate daughter of Palanisamy. It is claimed that the suit properties belonged to Palanisamy by virtue of sale deeds of the year 1983 and 1985. According to the plaintiff, Palanisamy died on 16.10.2008 and upon his death, the suit properties devolved on the plaintiffs 1 to 3 and thus the plaintiffs claimed 1/3rd share in the suit properties.

(3.) The first defendant remained ex-parte through out. The second defendant filed a written statement contending that the deceased Palanisamy had left a Will bequeathing the suit properties in her favour on 12.03.2001. It was further claimed that Palanisamy had executed Power of Attorney in favour of the 3rd defendant on 14.05.2008. The third defendant as a power agent of the deceased Palanisamy had entered into an agreement of sale with his wife Malarvizhi on 15.10.2008. Therefore, the 3rd defendant sold the property to Malarvizhi under sale deed dated 15.10.2008 which was registered on 16.10.2008 namely, the date of death of Palanisamy. It is the further claim of the second defendant that she purchased the property from Malarvizhi on 15.12.2008 and thus, according to the 2nd defendant, she is the absolute owner of the proeprty.