A. SELVAM, J.

Challenge in this Appeal Suit is to the Judgment and decree dated 22.03.2013 passed in O.S.No.485 of 2012 by the IV Additional District and Sessions Court, Coimbatore.

2. The respondent herein as plaintiff has instituted O.S.No.485 of 2012 on the file of the trial court for the reliefs of Partition, Declaration and Permanent Injunction, wherein, the present appellant has been arrayed as sole defendant.

3. The material averments made in the amended plaint are that the suit 1st item is originally belonged to one Annammal and the building thereon has been put up by her husband by name Gopalarathinam and he passed away, leaving behind him his wife Annammal and his two daughters viz., the Plaintiff and defendant herein as legal heirs. The suit 2nd item is the absolute property of Annammal and Gopalarathinam. After the death of Gopalarathinam, his legal heirs viz., wife and daughters have inherited the suit properties. There is no partition between the legal heirs of the deceased Gopalarathinam. It seems that the said Annammal has executed a Settlement Deed dated 09.08.2000 in favour of the defendant and the same is nothing but null and void. The said Annammal has also passed away and in the said circumstances, in both the items of suit property, the plaintiff is having half share and therefore, the present suit has been instituted for the reliefs sought therein.

4. In the written statement filed on the side of the defendant, it is averred that both Annammal and Gopalarathinam are employees and also having independent source of income. The suit 1st item is the absolute property of Annammal. The suit 2nd item is a joint property owned by Annammal and her husband. During their life time, a Will dated 07.02.1996 has been executed, wherein, the suit 1st item has been described as Item No.2 and the same has been bequeathed in favour of the plaintiff. The suit 2nd item has been described as Item No.1 in the said Will and the same has been bequeathed in favour of the defendant. At the time of execution of the Will dated 07.02.1996, the plaintiff is a spinster. The father of the plaintiff and defendant viz., Gopalarathinam passed away on 21.02.1999 and subsequently, the plaintiff got married and divorced her husband. Since the conduct of the plaintiff is not conducive, the mother of the plaintiff and defendant by name Annammal has executed a cancellation deed dated 09.08.2000, whereby, cancelled the Will dated 07.02.1996 and on the same day, she executed a settlement deed in favour of the defendant in respect of half share in the suit 2nd item and also in respect of the suit 1st item. As per settlement deed dated 09.08.2000, the defendant has derived absolute title to the suit 1st item and also half share in the suit 2nd item and by virtue of the Will dated 07.02.1996, she derived title in respect of remaining half share in the suit 2nd item and therefore, the defendant has become absolute owner of the suit properties. The plaintiff has no right, title of interest over the same and therefore, the suit deserves to be dismissed.

5. In the reply statement filed on the side of the plaintiff, it is averred that the settlement deed dated 09.08.2000 is nothing but false. The mother of both the plaintiff and defendant by name Annammal has instituted O.S.No.2923 of 2000 on the file of Principal District Munsif Court, wherein, she stated that she is the absolute owner of the suit property. The remaining averments made in the written statement are false and therefore, the present suit is liable to be decreed as prayed for.

6. In the Additional Written Statement filed on the side of the defendant, most of the averments made in the reply statement filed on the side of the defendant are denied and subsequently prayed to dismiss the suit.

7. On the basis of the rival pleadings raised on either side, the trial court has framed necessary issues and after analyzing both the oral and documentary evidence, has decreed the suit in part to the e