The entitlement to partition and separate possession, and the division of property based on the preliminary decree were the central legal points established in the judgment.

JUDGMENT

(Prayer: Appeal filed under Section 96 C.P.C., against the order and decretal order dated 01.02.2020 in I.A.No. 75 of 2017 in O.S.No. 225 of 2014 on the file of the III Additional District Judge, Thiruvallore at Poonamallee.)

This Appeal suit has been filed by the first respondent / first defendant in I.A.No. 75 of 2017 in O.S.No. 225 of 2014 now pending on the file of the III Additional District Court, Thiruvallur at Poonamallee, questioning the order dated 01.02.2020.

2. O.S.No. 225 of 2014 had been filed by the first respondent herein/plaintiff, seeking a declaration that a registered sale deed dated 31.07.2013 said to have been executed by A.Swarnam / her mother in favour of the first defendant / her brother and registered as Document No. 4797 of 2013 on the file of the Sub Registrar Office, Virugambakkam, as null and void and for partition of the suit property by metes and bounds into two equal shares and to allot one such share to herself and for consequential reliefs and for costs.

3. The property which was the subject matter of the suit, was land and building measuring a total extent of 2276 sq.ft., in Plot No. 7, in Survey Nos. 113/4, 113/10, 113/11, 113/11A and 113/11B in Thiruvamali Nagar, Kaikkankuppam Village, Maduravoyal, Chennai.

4. The plaintiff and the first defendant are sister and brother. It was stated in the plaint in O.S.No. 225 of 2014 that the property had been purchased by their father Arumugham by registered sale deed dated 10.12.1979. The family was in possession of the property. The father died on 27.07.1981. The legal heirs were his wife/mother of the plaintiff and the daughter/plaintiff and the son/first defendant. The mother A.Swarnam died on 03.07.2014. The plaintiff came to know that she had executed a settlement deed dated 31.07.2013 settling her undivided 1/3rd share to the first defendant. Claiming right of partition and a declaration that the settlement deed should be declared as null and void, the plaintiff had instituted the said suit. The plaintiff has also impleaded as 2nd to 12th defendants, the tenants in portions of the said property.

5. The first defendant had filed a written statement denying the claim of the plaintiff for a share in property. He stated that he had joined employment at a very young age doing part time work and saved money and with the contribution of that particular amount, the property had been purchased in the name of the father. He further stated that after the death of the father, he had put up construction. He therefore claimed that the plaintiff can claim share only in the land and not over the building. He claimed that the mother had executed a settlement deed in his favour and that it was valid and binding on the plaintiff. He further claimed that he had given in marriage the plaintiff to a respectable family and had borne the wedding expenses. He disputed the claim of the plaintiff for a share in the property.

6. On the basis of the above pleadings, the parties went to trial. The trial Judge had framed the following issues for consideration:-

(i) Whether it is true that the defendants had contributed towards the consideration for the purchase of the property and whether he had put up the superstructure;

(ii) Whether the settlement deed dated 31.07.2013 in favour of the first defendant is binding on the plaintiff?;

(iii) whether the plaintiff is entitled to partition and separate possession?; and

(iv) to what other reliefs?

7. During the course of trial, the plaintiff examined herself as PW-1 and marked Exs. A-1 to A-11. These included the exchange of legal notices as Exs. A-1 to A-6, the settlement deed executed by the mother in favour of the first defendant as Ex.A-7, the sale deed for the property as Ex.A-8, the death certificates of the parents and the legal heirship certificate as Exs. A-9 to A-11. The first defendant examined himself as DW-1 and also examined 5 other witnesses including the witn