T.RAMACHANDRAN Vs. B.KONAMMAL

JUDGEMENT

(1.) The second defendant is the appellant before this Court. The second appeal is filed challenging the judgment in A.S.No.25 of 2012 passed by the I Additional District Court, Madurai in and by which the judgment and decree of the III Additional Sub-Court, Madurai in O.S.No. 201 of 2009 has been reversed.

(2.) The facts in brief, which are necessary for disposing of the above second appeal are as follows: and The parties are referred to as per their litigating status in the suit. The plaintiff, who is none other than the sister of the first defendant, had filed a suit in O.S.No.201 of 2009 on the file of the III Additional Sub- Court, Madurai for partition of separate possession of her 1/2 share in the suit schedule property. It was her case that the plaintiff and the first defendant are the children of the Thirumalai Chettiar and Seethaiammal and the 1st item of the suit property belongs to father and the 2nd item of the suit property belong to mother. It was a case that the parents were enjoying the suit property till their death. Thirumalai chettiar had died in the year 1968 and the mother had died in the year 1991. In the month of October 2008, difference of opinion arose between the plaintiff and the first defendant as the first defendant had refused to part with the plaintiff share of the suit property. She was therefore, constrained to issue legal notice on 12.02.2009 and the first defendant, though he had received the said notice, had not sent reply. Meanwhile, the first defendant had also created a settlement deed, dated 09.01.2009 in favour of his wife, who is the second defendant and the said settlement deed was marked as Ex.B. 10. She, therefore, contended that the second defendant is not entitled to her 1/2 share of the suit property.

(3.) The learned Sub Judge, Madurai, on perusal of the pleadings had framed the following issues: