The court emphasized that evidence cannot be adduced contrary to the arguments in a written document and held that the relief of partition cannot be granted in the face of a document registered lawfully and executed with lawful authority.

JUDGMENT

(Prayer: First Appeal filed under Order 1 Rule 1 & 2 r/w. Section 96 of C.P.C., again the judgment and decree dated 22.09.2017 made in O.S.No.190 of 2014 on the file of the II-Additional District and Sessions Court at Tiruppur.)

1. The defendant in O.S.No.190 of 2014 which was on the file of the II-Additional District Court at Tiruppur is the appellant herein.

2. O.S.No.190 of 2014 had been originally filed as O.S.No.315 of 2008 on the file of the Principal District Court at Coimbatore and on formation of the Judicial District at Tiruppur, it had been transferred and renumbered as O.S.No.190 of 2014 and made over to the II-Additional District Court at Tiruppur.

3. O.S.No.190 of 2014 had been filed by the plaintiff, S.Thilagavathi against the defendant, P.Rajalaksmi seeking a judgment and preliminary decree of partition to divide the properties into two equal shares by metes and bounds and allot one share of the plaintiff. It had been stated that the plaintiff and the defendant had jointly purchased the three separate properties which had been given in the schedule to the plaint. They had purchased the first property situated in SF.No.372 / 1B measuring 0.45 acres at Nambiyampalayam Village, Avinashi Taluk by sale deed dated 25.02.2000 registered as Document No.640 / 2000 in the Sub-Registrar Office at Avinashi. They had purchased the second item of the suit property which was situated in SF.No.372/1B-1 measuring 0.26 acres and 0.78 acres and in SF.No.372/1A measuring 1.30 acres, totally, measuring 2.34 acres in Nambiyampalayam Village, Avinashi Taluk by sale deed dated 25.02.2000 registered as Document No. 641/2000 in the Sub-Registrar Office at Avinashi. They had purchased the third item of the suit property situated in SF.No.371/1A measuring 3.39 acres and in SF.No.372/2B measuring 1.80 acres, totally, measuring 5.19 acres in Nambiyampalayam Village, Avinashi Taluk by sale deed dated 25.02.2000 registered as Document No.642/2000 in the Sub-Registrar Office at Avinashi.

4. The plaintiff claimed that she and the defendant were in joint possession of the suit properties. They were also sharing the income jointly. She claimed that she was entitled one half undivided share in the suit properties. She further stated that on 11.02.2005, she executed a registered Power of Attorney with respect to her one half undivided share in all the aforementioned three properties in favour of A.Gurusamy to sell the properties. She further stated that Gurusamy had failed to find purchasers for the property from 11.02.2005 till 05.11.2007. She obtained an encumberance certificate by Document No.10423 dated 06.11.2007, which indicated nil encumberance. She then cancelled the General Power of Attorney on 13.11.2007 by Document No.1841/2007 registered in the Office of the Sub-Registrar, Avinashi. She further claimed that the properties are agricultural properties and that they had not been divided into metes and bounds. Claiming partition of the said properties, the suit had been filed.

5. The defendant filed a written statement wherein, she admitted purchase of the three items of the suit properties on 25.02.2000 by three separate sale deed in the joint names of herself and the plaintiff and the registration of the sale deeds. She also stated that, however, both the plaintiff and herself did not do any agricultural activity and there was no income from the property. She further stated that the plaintiff had appointed A.Gurusamy as her Power of Attorney by a registered Power of Attorney dated 11.02.2005. She however, denied that A.Gurusamy was not able to get purchasers for the property and that the encumberance certificate showed nil encumberance.

6. It was stated that, as a matter of fact, the plaintiff and herself had jointly mortgaged the property in favour of Avinashi Primary Agricultural Co-operative Bank. This was actually reflected in the encumberance certificate. She further stated that the Power of Attorney Agent, A.Gurusamy had sold the