G. SRINIVASAN Vs. SESHAYYA AND ORS.

JUDGEMENT

(1.) THE plaintiff in O.S.No. 4586 of 2010 on the file of the learned III Assistant Judge, City Civil Court, Chennai is the appellant herein. The respondents are the defendants in the suit. The said suit was filed by the plaintiff for partition and for separate possession of his 1/3rd share in the suit property. The trial court decreed the suit as prayed for. As against the same, the 3rd defendant G.Seshayya filed an appeal in A.S.No. 376 of 2012 on the file of the learned XV Additional Judge, City Civil Court, Chennai. The lower appellate court by decree and judgment dated 07.11.2014 allowed the appeal and reversed the decree and judgment of the trial court and dismissed the suit. As against the same, the appellant is before this Court with this Second Appeal.

(2.) THIS Second Appeal has come up before me today for admission. I have heard the learned Counsel for the appellant and I have also perused the records carefully.

(3.) IN the written statement, Seshayya, the 3rd defendant contended that it is true that the property was allotted to their mother Kondammal by the Tamil Nadu Slum Clearance Board. However, it is not correct that the superstructure was constructed by their father. According to the 3rd defendant, since he was very affectionate to his mother and since his mother was the eldest member of the family, he also appealed before the Tamil Nadu Slum Clearance Board to allot the land in the name of his mother. However, in the house, the 3rd defendant was residing all through and the photo identification card showing that the occupants of the house has been issued in favour of the family members of the 3rd defendant. It is also contended that subsequently the Tamil Nadu Slum Clearance Board has executed a sale deed on 22.07.2005 itself in the name of Kondammal, the wife of this 3rd defendant. The said sale deed is Ex.B.2. According to the said sale deed, his wife Kondammal has become the absolute owner of the suit property and she has been enjoying the same. Neither the plaintiff nor the defendants 1 and 2 has got any right whatsoever.