E AROKIARAJ ROCKY Vs. E SOOSAY RAJ

JUDGEMENT

(1.) This suit has been filed for partition and separate possession of the plaintiff's half share in the suit property and to render true and proper account in respect of the rental income derived from the schedule property from 30.12.2010, when the date of death of Mr.Edmond Soosai till the date of filing of this suit.

(2.) The brief facts leading to the filing of the suit is as follows :

(3.) Denying the allegations, it is the contention of the defendant that the suit for partition is not maintainable and the plaintiff has already got a portion of the suit property by way of settlement deed on 17.02.2011. The settlement deed executed by the father of the plaintiff is void and did not confer any right, except the right of enjoyment of the property, without alienation. Therefore, the above settlement is not binding on the defendant. Hence, submitted that as per the Will of their grand father, the defendant alone is entitled for the suit property. Hence, prayed for dismissal of the suit