extent of 1 Acre 86 Cents in Survey No.275 was allotted to the plaintiff, which the plaintiff later sold by describing four boundaries to one Palani Gounder vide registered Sale Deed dated July 7, 1975. Since the said Oral Partition, the defendant alone is in possession and enjoyment of the Suit Property continuously and uninterruptedly with an absolute title over the same and by paying the Kist also. The plaintiff has no manner of right, possession or interest over the Suit Property. The defendant has helped the plaintiff financially and spent a sum of Rs.2,00,000/- (Rupees Two Lakhs Only) for his education. Also, the defendant has taken care of and maintained their mother till her death. The plaintiff and the defendant were never in joint possession and enjoyment over the Suit Property at any point of time after the Oral Partition. The defendant never being the Karta of the family, never managed the affairs of the family. Therefore, the Suit Property was never joint family property at all post the said Oral Partition, and absolutely belonged to the defendant. The revenue records for the Suit Property such as Chitta, Patta and Adangal etc., all stand in the name of the defendant. Hence, the plaintiff has no manner of any right or share over the Suit Property under the provisions of law. Accordingly, he prayed for dismissal of the Suit with costs.
