RAJAPPA Vs. PUTTAPPA ALIAS PUTHRAPPA

JUDGEMENT

(1.) The revision petitioners are the plaintiffs in O.S.No.102 of 1997 on the file of the District Munsif, Hosur.

(2.) The plaintiffs have filed the suit for partition and allotment of 5/12th shares to them. The plaintiffs have also obtained an exparte preliminary decree on 6.8.1997 and the first defendant has filed an application to set aside the exparte preliminary decree and the same was allowed by the trial court by an order dated 11.10.2000 in I.A.No.578 of 1999. Aggrieved by the same, the plaintiffs have filed this revision petition.

(3.) The respondent-first defendant in his affidavit filed in support of the petition to set aside the exparte preliminary decree has stated that he came to know about the suit only when the advocate-commissioner came to measure the suit properties and the commissioner has informed him that he had to measure and to divide the properties as per the decree passed by the court; that thereafter the first defendant has made enquiries after engaging the advocate and came to know that the exparte preliminary decree was passed on 6.8.1997. It is also stated in the affidavit that he has got the valid defence as the second plaintiff is not the wife of late Sevappa and the first defendant is not at all the son of Sevappa; that the suit properties were gifted to the first defendant by gift deed dated 19.8.1966 executed by his grand father Peddha Nanjappa and therefore, the plaintiffs have no right to seek partition in these properties.