REVATHI Vs. NATARAJAN

JUDGEMENT

(1.) The plaintiff in the suit in OS.No.328/2009 on the file of the learned I Additional Subordinate Judge, Salem, is the appellant in the above Second Appeal.

(2.) The appellant herein filed the suit in OS.No.328/2009 for granting preliminary decree for partition and separate possession of 1/4th share of plaintiff in the suit properties. The suit is also for permanent injunction restraining the defendants from in any way alienating or auctioning the suit property to anyone.

(3.) It is the case of the plaintiff that the suit properties belonged the plaintiff 's grandfather by name Thiru.P.Palanisamy. The plaintiff described the suit properties as ancestral properties even though it is admitted that the properties were purchased in the name of the 1st defendant, the father of the plaintiff. It is the further case of the plaintiff that the plaintiff came to know that the 1st defendant obtained a loan from the UCO Bank of Puducherry by pledging the 1st item of the suit properties and that the said property is now put to auction by the other defendants. Similarly, as regards 2nd item, it is stated that the same was purchased by the 1st defendant out of joint family income. The 1st defendant mortgaged the suit 2nd item for the loan borrowed for the business activities of a concern by name M/s.Space Makers Pvt. Ltd., in which the plaintiff 's father/1st defendant is not a partner or Director. Since the 1st defendant has signed the loan papers as a guarantor, it is contended that the loan obtained from the 5th defendant is not binding on the plaintiff. Since defendants 1, 2 and 3 are not amenable for partition, it is stated that the plaintiff was constrained to file the suit for partition.