JUDGMENT :

R. Subramanian, J.

1. The Suit in C.S. No. 422 of 2001 is for Partition and separate possession of the Plaintiffs 1/3rd share in the Plaint Schedule 'A' to 'D' properties and for a Declaration that the Family Arrangement, dated 1.6.1994 is void, ab initio and non-est. The Plaintiff had also sought for a Declaration that the sale made by the First Defendant of a portion of the Suit 'B' Schedule property is not binding on the Plaintiff and the Second Defendant and for other reliefs.

2. The relationship of the parties in the Suit is as follows:

One C.M. Sundararaj died on 23.1.1979 leaving behind the Plaintiff/his wife, the First Defendant/son and the Second Defendant/daughter. Pending Suit, the Plaintiff died and the Second Defendant was transposed as the Plaintiff.

3. According to the Plaintiff, the Suit 'A' Schedule property that stands in the name of the First Defendant and it was allotted to him by the Tamil Nadu Housing Board. As regards the 'B' Schedule property, it is claimed that the property was assigned by the Government to her husband C.M. Sundararaj, who paid the consideration even during his life time. After his death on 23.1.1979, the Sale Deed came to be execute