PADMA MURALE Vs. BOMMASAMUDRAM MEERA SIVARAM

JUDGEMENT

(1.) This revision is preferred by the defendants 2 and 3 challenging the order, dtd. 13/12/2021, passed in O.S.No.18 of 2013 on the file of the Court of VII Additional District Judge, Visakhapatnam.

(2.) Heard learned counsel for the revision petitioners and the respondents 1 & 2/plaintiffs. Respondent No.3 died and respondent No.4 is shown as not a necessary party to this revision as no relief is claimed against him.

(3.) The facts of the case are as follows: The schedule property which was originally purchased in the name of Muthuswamy, father of the 1st defendant, as well as, father-in-law of the 1st plaintiff, to an extent of 2000 square yards by virtue of partition in the year 1968, was divided allotting 1000 square yards to the husband of 1st plaintiff and 500 square yards each to 1st defendant and her sister, Adi Lakshmi Bhaskaran, who is the mother of the 2nd defendant. On mutual understanding, the husband of the 1st plaintiff constructed a duplex house in an extent of 400 square yards, but as he is living away from the schedule property by virtue of his job, he permitted his parents and his sister, i.e., defendant No.1 to be in possession of the property and that out of mutual understanding over 1000 square yards belonging to 1st defendant and Adilakshmi Bhaskaran clubbing 600 square yards, i.e., over 1600 square yards, a multi-storied building was constructed in which the husband of 1st plaintiff was allotted 3 flats. But it is the case of the defendants that out of 1000 square yards allotted to the husband of 1st plaintiff, a mutual understanding was arrived at between the parties to the effect that 400 square yards being the southern part of 1000 square yards was given to 1st defendant to enable her to build a house and in view of the same, the husband of the plaintiff was given 600 square yards with a building thereon at Chennai. Thus, 400 square yards was given to the 1st defendant and it is the 1st defendant who had submitted plan, obtained permission to construct a house over the schedule property and as such, she claims the property to be of her own.