G. ANANDHI Vs. G. BHUVANESWARI

JUDGEMENT

(1.) Challenge in this Appeal Suit is to the Judgment and decree dated 22.03.2013 passed in O.S.No. 485 of 2012 by the IV Additional District and Sessions Court, Coimbatore.

(2.) The respondent herein as plaintiff has instituted O.S.No. 485 of 2012 on the file of the trial court for the reliefs of Partition, Declaration and Permanent Injunction, wherein, the present appellant has been arrayed as sole defendant.

(3.) The material averments made in the amended plaint are that the suit 1st item is originally belonged to one Annammal and the building thereon has been put up by her husband by name Gopalarathinam and he passed away, leaving behind him his wife Annammal and his two daughters viz., th Plaintiff and defendant herein as legal heirs. The suit 2nd item is the absolute property of Annammal and Gopalarathinam. After the death of Gopalarathinam, his legal heirs viz., wife and daughters have inherited the suit properties. There is no partition between the legal heirs of the deceased Gopalarathinam. It seems that the said Annammal has executed a Settlement Deed dated 09.08.2000 in favour of the defendant and the same is nothing but null and void. The said Annammal has also passed away and in the said circumstances, in both the items of suit property, the plaintiff is having half share and therefore, the present suit has been instituted for the reliefs sought therein.