N.Padmanaban v. T.Narayanan

1

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 23.4.2018

CORAM

THE HONOURABLE MR .JUSTICE N.SATHISH KUMAR

C.S. No.664 of 2017 and A.No.825 of 2017, 1124 & 3619 of 2018

N.Padmanaban .. Plaintiff
Vs.
1. T.Narayanan
2. N.Khantha
3. R.Mohana .. Defendants

The suit is filed under Order VII Rule 1 of C.P.C. r/w

Order IV Rule 1 of O.S. Rules for judgment and decree;

(i) to pass preliminary decree directing equitable partition of property described in schedule 'A' to plaint into 1/2 (half) equal shares as between plaintiff and the first defendant and to allot half (1/2) share thereon to plaintiff for his separate use and possession;

(ii) consequently to declare the purported settlement deed, dated 23.1.2017 vide its Register No.127/2017 in the office of Sub Registrar at Ashok Nagar executed by 1st defendant to and in favour of the third defendant is void ab initio and non est in eye of law and in any event does not bind or affect to the extent of plaintiff's 1/2 share on property as described in schedule 'A' thereon;