MUTHUSAMY GOUNDER Vs. RAMAYAMMAL

JUDGEMENT

(1.) This appeal is at the instance of the defendant in OS No.376 of 2008, challenging the preliminary decree for partition and a permanent injunction restraining the defendant from alienating the properties till such time of final partition is effected.

(2.) The suit was filed by the respondent, who is the sister of the appellant claiming half share in the suit properties. According to the respondent, the suit properties belonged to one Chinnappa Gounder, father of the parties, who died intestate about 10 years prior institution of the suit. Claiming that the properties are self-acquired properties of Chinnappa Gounder. The plaintiff, who is the daughter of Chinnappa Gounder, sued for partition.

(3.) The defendant resisted the suit contending that the suit properties were enjoyed as joint family properties. The date of death of Chinnappa Gounder, was also disputed. It is also claimed that since the defendant had no issues, he had treated the son of the plaintiff as his son and also got him married. On the above contentions, the defendant sought for dismissal of the suit.