V GOVINDASWAMY Vs. MANGAMMAL

JUDGEMENT

(1.) Challenging the order and decretal order, dated 21-10-2008 passed in I. A. No. 18017 of 2003 in O. S. No. 4818 of 1994 on the file of the XIV Assistant Judge, City Civil court, Chennai, this Revision has been preferred.

(2.) The revision Petitioner is the Plaintiff in the suit. The suit was filed by the Petitioner/Plaintiff, seeking for a judgment and Decree, declaring that the Plaintiff is entitled to l/6th share in the suit property and to appoint an Advocate-Commissioner to divide and allot the l/6th share to the Plaintiff. If it is not capable of division, direct the Advocate-Commissioner, so appointed to sell the plaint schedule property and to pay l/6th share of the sale proceeds to the Petitioner/Plaintiff.

(3.) Subsequently, the Interlocutory Application in I. A. No. 18017 of 2003 was filed by the Petitioner/Plaintiff, under Sections 3 and 4 of Partition Act, 1893, whereby the Petitioner/Plaintiff sought a direction to fix the value of 5/6th share of the Respondents/Defendants of the suit property and sell the same for the sum so ascertained or alternatively direct the Respondents to sell their 5/6th share of the suit property in favour of the Petitioner/Plaintiff at Rs. 4.5 lakhs.