R. SHANMUGAM Vs. PERIYASAMY

JUDGEMENT

(1.) The plaintiffs in O.S.No.171 of 2008 have come up with this Civil Revision Petition challenging the order of the trial court allowing the application for leave to file an additional written statement in I.A.No.434 of 2011.

(2.) The plaintiffs filed the suit for partition contending that the suit properties belonged to Muthusamy, who died intestate about 12 years prior to the filing of the suit. The plaintiffs, who are the husband and son of one Malarkodi, who is grand-daughter of Muthusamy (pre-deceased daughter s daughter) claimed that they are entitled to half share in the suit properties as the legal heirs of Malarkodi.

(3.) The suit was resisted by the defendant contending that the suit properties are the ancestral properties of Muthusamy and as such, the defendant is entitled to half share by birth. The other half share would go to his mother, who had executed a release deed in his favour. It was the further claim that Malarkodi s mother got married about 45 years ago and therefore, she herself was ousted from enjoyment of the properties. It was also contended that the defendant is entitled to the suit properties by virtue of his open, continuous, exclusive, uninterrupted, hostile possession and enjoyment of the property.