RAVEEDRAN NAIR Vs. THANKAM

JUDGEMENT

(1.) The plaintiff is O.S. No. 150 of 1982 on the file of the Additional District Munsif, Padmanabhapuram is the appellant in the Second Appeal. He filed the suit against his divorced wife the respondent herein for partition of the suit property being a house alleging that it was a joint purchase by the appellant and the respondent under sale deed dated 14.11.1974, that they were in joint possession of the same, that the entire consideration for the sale deed was paid only by him, that he restricted his claim to one half of the suit property, that the suit property not having been partitioned by metes and bounds the suit came to be filed.

(2.) The respondent resisted the suit contending inter alia as follows: The suit property originally belonged to her parents who executed a sale deed in favour of the appellant and the respondent for the consideration of Rs. 5,000/- recited in the sale deed. Two promissory notes were executed jointly by the appellant and the respondent, one in favour of the sister of the respondent for Rs.3.000/- and the other in favour of the parents of the respondent for Rs. 2,000/- on 15.11.1974, that she paid the amount due under the pronotes and obtained registered receipts on 11.12.1980. She was in exclusive possession of the property. The appellant and the respondent jointly executed a divorce deed on 12.5.1979. Appellant's name was included in the sale deed because of the relationship between the parties as husband and wife. The appellant was not in joint possession. The suit was not maintainable without a prayer for recovery of possession.

(3.) The appellant filed an application stating that the cash consideration of five thousand rupees was paid only by the appellant, that he did not execute any promissory notes and that even if there were any promissory notes they were barred by limitation.