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2018 Supreme(Mad) 4406

S.BASKARAN
M. Karuppannan – Appellant
Versus
Mariyammal – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Chitra Sampath, Senior Counsel for E.K. Kumaresan, Advocate
For the Respondents:V. Meenakshi Sundaram for M. Bindran, Advocate

JUDGMENT :

S. Baskaran, J.

1. This Second Appeal arises out of the Judgment and Decree dated 22.6.2012 made in A.S. No. 87 of 2010 passed by the learned Principal Subordinate Judge, Karur, reversing the Judgment and Decree dated 9.10.2009 in O.S. No. 417 of 2005 passed by the learned Principal District Munsif, Karur.

2. Brief facts of the case is as follows:

The Suit property originally belonged to one Rasu Pillai. The Plaintiff is the wife of the said Rasu Pillai. The Defendants 1 & 2 are the sons of said Rasu Pillai. The 3rd Defendant is the wife of the deceased son of Rasu Pillai. After the death of Rasu Pillai, the Plaintiff and Defendants 1 to 3 are jointly in possession and enjoyment of the Suit property. The Plaintiff is entitled to 1/4th share in the Suit property. The Defendants 4 & 5 have no right in the Suit property. The Defendants 4 & 5 are attempting to create false and frivolous documents after the death of the Rasu Pillai over the Suit property and the said documents, if any, will not bind upon the Plaintiff. There is no possibility for joint possession and enjoyment of Suit property. The Plaintiff demanded Partition, but the Defendants 1 to 3 are evading the same and a

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