S.SIVAKUMAR Vs. VIJAYALAKSHMI

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the fair and decretal order passed in I.A.No.854 of 2017 in O.S.No.186 of 2012 dtd. 1/2/2018 on the file of the learned Additional Sub Judge, Puducherry, thereby dismissing the petition for rejection of plaint.

(2.) The petitioners are the defendants 1 and 4. The respondent is the plaintiff. The respondent filed the suit for partition in respect of the suit property. While pending the suit, the petitioners herein filed a petition for rejection of plaint and the same was dismissed. Aggrieved by the same, the present Civil Revision Petition is filed.

(3.) The learned Senior Counsel appearing for the petitioners submitted that the respondent herein is the sister and the second petitioner is the wife of the first petitioner herein. The second and third defendants in the suit are sisters. The suit property originally belonged to their father Sivanandam. After his demise, the respondent along with her sisters executed registered release deed dtd. 15/3/2001 in respect of their respective 1/6th share in the suit property in favour of the first defendant, her mother and brother. Thereafter, her brother also executed a release deed and thereby, relinquished his half share in the suit property to the first defendant by release deed dtd. 29/4/2002. In respect of the mother's share is concerned, she also executed Will in favour of the petitioner on 20/9/2001. On the strength of the release deeds as well as the Will executed by his mother, he executed the Will dtd. 23/11/2010 in favour of the second petitioner viz., the first petitioner's wife. Thereafter, on 22/11/2012, the present suit was filed by the respondent herein for partition in respect of very same property that too without challenging the release deed executed by her dtd. 15/3/2001 and also the release deed executed by another brother dtd. 29/4/2002. At any costs, the plaintiff has lost her right seeking any partition for the suit property. The release deed was executed by the plaintiff and her two sisters in the year 2001 and it is a registered one. It was executed on receipt of a sum of Rs.50,000.00 each and executed the same. The younger brother of the petitioner also received a sum of Rs.1.00 lakh in respect of half of his share over the suit property and released his right in favour of the petitioner herein. Therefore, the suit itself is barred by limitation and it is not at all maintainable for the reason that the suit has been filed without challenging the release deeds and the Will executed in favour of the petitioners.