V HUCHESWARAN Vs. MADRAS HARDWARE MART

JUDGEMENT

(1.) O. S. No. 683/1970 before the X Asstt. Judge, City Civil Court, Madras was a partition suit in which a preliminary decree for partition was passed on 28-4-1972 and was followed by a final decree for partition on 1-12-1975. The 1st defendant in the suit is the father and the 2nd, 3rd and 4th defendants and the 1st plaintiff are the sons. The 1st plaintiff having died, his legal representatives were brought on record as plaintiffs in his place.

(2.) Several Civil Revision Petitions, being C. R. P. Nos. 711/1993, 4, 5, and 7 of 1995, all arising out of the aforesaid suit, were taken up for hearing and disposal together by a learned single Judge of the Madras High Court and were disposed of by his judgment and order dated 22-11-1995.

(3.) The suit was in respect of a house property and by the preliminary decree, the 1/5th share of each of the parties was declared. By the final decree, the 1st plaintiff and 2nd and 3rd defendants were directed to sell their 3/5th share to the 1st and 4th defendants who owned the remaining 2/5th share together. The 5th defendant in the suit was a mortgagee under a mortgage deed executed by the 1st defendant on 7-3-1970 in respect of his 1/5th share in the suit property. By a subsequent deed, the 5th defendant assigned the said mortgage to the 6th defendant on 24-7-1975. The 6th defendant, who was a tenant of a portion of the said property, was not a party in the suit originally, but he was subsequently impleaded and brought on record as the 6th defendant.