R.SIVASUBRAMANIYAN Vs. R.PERIASAMY

JUDGEMENT

(1.) This Civil Revision Petition is filed challenging the order passed in I.A.249 of 2015 in O.S.No.156 of 2014 by the learned I Additional District Judge, Erode. The first respondent filed O.S.No.156 of 2014 on the file of the I Additional District Court, Erode for the relief of partition of A Schedule properties into four equal shares and allotting two shares contiguously; partition of B Schedule property into 16 equal shares and allotting six shares contiguously to the plaintiff; granting permanent injunction restraining the petitioner/first defendant from alienating and encumbering the suit properties till the partition takes place. The suit was filed against the petitioner and four others. The petitioner filed I.A.No.249 of 2015 under Sec. 10 and 151 of C.P.C., for staying the further proceedings in O.S.No.156 of 2014 till the disposal of O.P.No.163 of 2013 pending on the file of this court and till it attains finality. This petition was dismissed by the learned I Additional District Judge, Erode. Against the said dismissal order, this Civil Revision Petition is preferred.

(2.) The learned counsel for the petitioner submitted that the petition in O.P.No.163 of 2013 was filed under Sec. 10 of the Administrators General Act, 1963 r/w Order XXV, Rule 42 of the Original Side Rules. This petition was filed against the plaintiff in O.S.No.156 of 2014, Periyasamy and seven others including defendants 2 and 3 in O.S.No.156 of 2014. O.P.No.163 of 2013 was filed by the petitioner and three others to take possession of the assets of the estate of K.S.Ramasamy (since deceased) situated within the state of Tamil Nadu and to hold, deposit and realise, sell or invest the same according to the provisions of the said Act and with the further direction under Sec. 10 (2 ) of the Act to file and prosecute such suits or take such proceedings as the Administrator General may deem appropriate for the recovery of any assets, bank deposits, money, movable or immovable of the estate of the deceased.

(3.) The circumstances,leading to filing of this petition, in brief, are as follows: The deceased K.S.Ramasamy died on 16/11/2010. The petitioner, in his capacity as a son of the deceased and as one of the persons interested in the assets of the deceased and also interested in due administration of the estate of the deceased, filed this petition. The assets left behind by the deceased are very large and of considerable value consisting of 1) Agricultural land, 2) Agricultural land cum house sites, 3) Houses, buildings, sheds, godown, 4) Cash 5) Bank deposits 6) Motor vehicles, car, tractors, agricultural machineries, diesel engines, electric pump sets and other numerous movables. All these assets are not only facing danger of misappropriation, deterioration and waste at the hands of the respondents 1 and 2, but they also continuously misappropriate the properties and allow it to get wasted. Assets worth more than Rs.20,00,000.00 have already been forcibly taken by the first respondent and misappropriated for his personal purpose. The estate of a deceased person is a legal entity. After demise of K.S.Ramasamy, all his properties would not automatically become the properties of his legal heirs. It becomes a separate legal entity called "Estate of K.S.Ramasamy". After partition of all the landed properties between the deceased and his two sons in 1970, the deceased was cultivating his share of 10 acres of land till 2009.Petitioner's parents were living in their ancestral house. After the first respondent's marriage, parents were driven out to cattle shed. Deceased father was admitted in GKNM Hospital, Coimbatore on 5/6/2009 and took treatment as in-patient for two months. During the absence of deceased, first respondent and his wife occupied the house of the deceased. First respondent and his wife intimated the deceased and the petitioner to settle the house in his favour. First respondent got the house settled in his favour on 5/10/2009. He made the petitioner to execute a sale deed with respect to some of his properties at throw away price. In June 2010, deceased entrusted with the petitioner the administration of all of his movable and immovable properties. The deceased, unable to maintain his bank account, converted his individual bank account as joint account by adding petitioner's name on 15/9/2010. His father's health condition was not informed to him and when he visited him on 27/10/2010, he found that his father was not able to speak. His father was admitted at KMCH Hospital, Erode for treating his leg injury. His father informed him that first respondent had beaten him when he refused to sign the paper/will conveying all his properties to him. Despite petitioner's best efforts, he could not save his father. He is facing threat from the first respondent. During the month of March 2011, petitioner made an arrangement to receive turmeric from the tenants and sell it to the "Erode Agricultural Producers Co-operative Marketing Society Limited". First respondent forcibly seized the entire turmeric delivered by the tenants and prevented the petitioner from sending it to the Society. First respondent sold the turmeric for Rs.13,00,000.00 When the petitioner was contemplating police action, first respondent informed through his friend Mr.Mani, that turmeric was sold for Rs.3,30,000.00 and deposited the amount in the bank account. The first respondent has caused considerable loss and damage to the estate of the deceased. Subsequent, to the death of deceased, the efforts made by the petitioner to manage the estate honestly, fairly, in an orderly and in proper manner to the best advantage of all concerned, destroyed by the first respondent by force, coercion and threat. First respondent and his wife with the help of their men, misappropriating and wasting the valuable movable assets. Since, the death of father, the first respondent is making continuous attempt to grab all the properties of the deceased by illegal means. Petitioner is a cardiac patient and the first respondent is trying to eliminate the petitioner somehow,so that he can grab all the properties.Unsuccessful attempt was made to assault the petitioner on 2/12/2010. Petitioner suspects that the first respondent might have misappropriated the amounts invested by the deceased father in The Catholic Syrian Bank Limited, Kodumudi. Respondents 1 and 2 are keeping more than Rs.10,00,000.00 belong to the estate of the deceased. The estate of deceased K.S.Ramasamy is facing a grave danger from respondents 1 and 2 and their men. Therefore, the petition.