M. S. M. SHIKKADAI MARACAYAR Vs. ABDUL MAJEED MARAICAYAR

JUDGEMENT

(1.) THE plaintiff in O.S. No. 45 of 1966 on the file of the Subordinate Judge, Tanjore, is the appellant. The plaintiff's case may be briefly stated as follows :

(2.) IN the properties described in A to C schedules, the plaintiff has a 2/3rd share, and the first defendant, a 1/3rd share, and though ostensible title in such properties stands in the name of the second defendant, the plaintiff and the first defendant are the real owners thereof. Ever since the purchase of the said properties under Exs. B -9, B -12, B -17 and B -18, the plaintiff was exercising the right of joint possession along with the first defendant to the exclusion of the second defendant. Therefore, the plaintiff is entitled to a partition and separate possession of his 2/3rd share in the A to C schedule properties.

(3.) THE second defendant did not go into the box; but filed a written statement denying the plaintiff's claim to the suit properties and contemporaneously asserted that she acquired these properties from her own funds, that she was in possession of the properties, and that no one, including the plaintiff, ever exercised any right of possession over the suit properties. In any event, she would state that, as regards the C schedule properties, Syed Mohamed is a necessary party to the suit