Proper proof of execution of documents and the significance of registration and specific denial of execution are crucial in determining ownership of properties.

JUDGMENT

(Prayer: Appeal against the judgment and decree, dated 17.12.2009, passed in O.S.No.2750 of 2008 on the file of VII Additional Judge, City Civil Court, Chennai.)

1. This Appeal Suit is preferred against the judgment and decree, dated 17.12.2009, made in O.S.No.2750 of 2008 on the file of VII Additional Judge, City Civil Court, Chennai.

2. Second defendant in the suit is the appellant herein and the plaintiffs in the suit are the respondents 1 to 3 herein.

3. Suit was one for partition of the Plaint 'A' and 'B' Schedule properties by dividing the same by metes and bounds into seven equal shares and deliver possession of one such share to the plaintiffs; for a direction to the defendants 1 and 2 to render accounts in respect of the rental collection from the Plaint 'A' and 'B' Schedule properties from 01.01.2008 and further to direct the defendants 1 and 2 to pay to the plaintiffs 1/7th share from the rental collection and for costs.

4. The case of the respondents/plaintiffs, as per the plaint, was as under:

4.1. One late P.Ganesan, grandfather of the plaintiffs, had married one Manickammal and they had seven children. Defendants 1 and 2 are the sons and defendants 3 to 5 are the daughters of the said P.Ganesan. Lakshmi, mother of plaintiffs, is the second daughter of P.Ganesan and Muthuvalli, mother of defendants 6 and 7, is the first daughter of P.Ganesan.

4.2. P.Ganesan purchased the suit property bearing Old Door No.16, corresponding New Door No.37, Azeez Mulk 3rd Street, Thousand Lights, Chennai-6, measuring to an extent of 954 sq.ft. by way of a Sale Deed, dated 24.04.1989, registered as document No.352/1989 on the file of Sub-Registrar, Thousand Lights, Chennai. P.Ganesan, during his lifetime, executed a settlement deed, dated 16.06.1994, registered as document No.458/1994 on the file of Sub-Registrar, Thousand Lights, Chennai, in favour of his second daughter, namely, Lakshmi, who is the mother of plaintiffs, in respect of half portion of the above property measuring to an extent of 475.25 sq.ft and the remaining extent of 475.25 was retained by P.Ganesan, which is more fully described in Plaint 'A' Schedule.

4.3. P.Ganesan purchased another immovable property bearing Old Door No.18 and New Door No.3, in Azeez Mulk 4th Street, Thousand Lights Chennai-6, measuring to an extent of 500 sq.ft., by way of a Sale Deed, dated 08.05.1974, registered as document No.719/1974 on the file of Sub Registrar, Thousand Lights, Chennai, from one Kothandam and three others, which is set out in Plaint 'B' Schedule.

4.4. Lakshmi, mother of the plaintiffs, died on 20.04.2007, leaving behind the plaintiffs and one K.Vijayakumar as her heirs. The said Vijayakumar died as a bachelor on 27.12.2007. P.Ganesan died on 26.12.2007, leaving behind his sons, daughters and grandchildren, as his heirs.

4.5. P.Ganesan had let out a portion of the ground and first floor in the Plaint 'A' Schedule property to G.T. Electronics on a monthly rent of Rs.6000/-. First defendant, who is in occupation of a portion of Plaint 'A' Schedule property, is collecting the monthly rent from the tenant from 01.01.2008. P.Ganesan had also let out a portion in the ground floor of the Plaint 'B' Schedule property to a Xerox Machine Service Centre on a monthly rent of Rs.6000/- along with a portion in first floor in Plaint 'B' Schedule property to Zonecom on a monthly rent of Rs.4000/-. Second defendant, who is in occupation of Plaint 'B' Schedule property is collecting the rent of Rs.6000/- plus Rs.4000/- from the tenants from 01.01.2008.

4.6. Plaintiffs are the legal heirs of Lakshmi, who is one of the daughters of late P.Ganesan, and are entitled to 1/7th share in Plaint 'A' and 'B' Schedule properties. Defendants are not agreeable for amicable partition of the suit properties. Legal notices, dated 30.01.2008 and 11.02.2008, were sent to the defendants, calling upon them to effect partition of Plaint 'A' and 'B' Schedule properties, but, there was no reply. Defendants 1 and 2