K CHOCKALINGAM Vs. R M RAMASAMY SETHU

JUDGEMENT

(1.) Plaintiff in O.S. 12 of 1998 on the file of Sub Court, Pudukkottai is the revision petitioner. Petitioner is aggrieved by the order in I.A. 16 of 1998, an application filed by him to take inventory by appointment of Commissioner. The application filed by petitioner was dismissed.

(2.) Material averments which led to filing of the suit could be summarised thus : The case of the plaintiff is that the ancestor of Plaintiff and defendants is one late T.S. Krishnappa Chettiar and he had amassed wealth by doing business in India, Malaysia and Burma. He had three sons by name Chockalingam Chettiar, Ramasamy Chettiar and Muthaiah Chettiar Chockalingam Chettiar predeceased Krishnappa Chettiar and at the time of his death, he was survived by his two widows Nagammal Achi and Kalyani Achi. They did not have any male issue and they adopted one Krishnappan. Plaintiff in the case is the son of Krishnappan.

(3.) Second son of Krishnappa Chettiar viz., Ramasamy Chettiar also died leaving behind his widow Sivagami Achi. She also did not Rave any male issue and father of the first defendant in the suit was adopted by him. Third son Muthaiah Chettiar left behind his widow Umayal Achi and two sons, who are defendants 1 and 2 in the suit. Second defendant, is the son of Muthaiah Chettiar and his brother/ first defendant, is adopted son of Ramasamy Chettiar. It is the case of plaintiff that over plaint items, he got l/3rd share claiming right under Chockalingam Chettiar. It is his further case that there was a Panchayat to partition the properties and on 21.9.1996, l/3rd share was allotted to plaintiff. It is his further case that in the very same building where defendants reside, movables like jewelleries, furnitures, etc. are there over which also he is entitled to 1/ 3rd share. According to him, he is not in possession of the sane to enumerate the details since the same are under the custody and possession of defendants. He wanted an inventory to be prepared for which he moved an application under Section Order 39 Rule 7 of Code of Civil Procedure.