S. AJIJA BEGUM Vs. S. AISHA BEVI (DIED)

JUDGEMENT

(1.) The above appeal has been filed by the plaintiff in the suit in O.S. No. 48 of 2007 on the file of the Principal District Court, Theni. The plaintiff filed a suit in O.S. No. 48 of 2007 for partition of her 3/20 share in all the suit properties and to grant a decree for permanent injunction and consequently restraining the defendants 2, 3, 5 and 6 from alienating the third item of suit property to the seventh defendant in the suit. The suit property consists of three items. The first item is a house property. The second item consists of two parts - described as 2nd Item (a) and 2nd Item (b). The 2nd Item (a) part consists of 14 items and (b) part consists four items. The third item is a house site measuring an extent of 2796 square feet.

(2.) The case of the plaintiff in the plaint are as follows:

(3.) The defendants contested the suit mainly on two grounds. Though the plaintiff's claim was admitted in respect of some of the suit properties, the defendants specifically denied the plaintiff's contention that she is the daughter of first defendant. It is the specific case of the defendants that the plaintiff is the daughter of father of defendants 2 and 3 through his first wife. The defendants specifically raised a plea that the plaintiff executed a lease deed on 24.07.1972 after receiving a sum of Rs.15,000.00 from the defendants and that the plaintiff is therefore, not entitled to any share in the properties for which she had executed a lease deed. It was the contention of the defendants that the suit third item was purchased by first defendant and that the suit is not maintainable during her life time. It was further contended that the first defendant executed a gift deed in respect of third item in favour of the defendants 2, 3, 4 and 5 without any coercion, compulsion or undue influence. Hence, the plaintiff is not entitled to any relief in respect of the suit third item. The seventh defendant who is only an agreement holder also filed a written statement claiming to have paid a sum of Rs.4,00,000.00 for the third item of suit property.