KANNAN Vs. G T MANI

JUDGEMENT

(1.) The plaintiff in O.S. No. 65 of 2001 and O.S. No. 214 of 2004 on the file of the learned District Munsif-cwm-Judicial Magistrate, Vedasandur, is the revision petitioner in C.R.P (PD)(MD) No. 1859 of 2009 and C.R.P (PDXMD) No. 1860 of 2009. In both the revisions, the revision petitioners are one and the same.

(2.) In O.S. No. 65 of 2001, the plaintiff sought for declaration that he is the owner of the suit property and for injunction restraining the defendants from interfering with the possession and enjoyment of the property. The case of the plaintiff in O.S. No. 65 of 2001 was that the properties belonged to his father late Govindasamy Reddiar and he died intestate and he is the only legal heir and the defendants are not the legal heirs of his father and therefore, he filed a suit for declaration. In O.S. No. 214 of 2004, the plaintiff prayed for declaration that the legal heirship certificate issued to the 9th defendant is null and void and for consequential injunction restraining the respondents 1, 2 and 4 to 6 from claiming the legal heirship certificate in respect of the deceased Govindasamy Reddiar. In both the suits, the defendants filed a written statement and in O.S. No. 65 of 2001, the defendants filed a written statement that the deceased Govindasamy Reddiar married one Lakshmi Ammal in the year 1946 and through Lakshmi Ammal, the defendants 1 and 2 were born and the deceased Govindasamy Reddiar executed a Will dated 15/6/1994 by which he bequeathed the properties in favour of the defendants in O.S. No. 65 of 2001 and the Will was executed by him while he was in sound state of mind. In O.S. No. 214 of 2004, it was contended that the deceased Govindasamy Reddiar executed a will, but the date of will was mentioned as 9/6/1994.

(3.) Joint trial was ordered in both the suits and the plaintiff's side evidence was over and two witnesses were examined on the side of the defendants and at that stage, the defendants have filed LA. No. 918 of 2008 in O.S. No. 65 of 2001 and LA. No. 954 of 2008 in O.S. No. 214 of 2004 for amending the written statement to the effect that the late Govindasamy Reddiar executed a Will dated 9.6.1994 and not the Will dated 15.6.1994 or 19.6.1994 as stated in O.S. No. 65 of 2001 and O.S. No. 214 of 2004 respectively and it was wrongly mentioned in those written statement and as per the said Will dated 9.6.1994, the properties were bequeathed in favour of the defendants 1,3 and 4 in O.S. No. 65 of 2001, and defendants 4 to 6 in O.S. No. 214 of 2004. That application for amendment was allowed by the learned District Munsif and aggrieved by the same, these revisions are filed by the plaintiffs.