RAJAMMAL Vs. PERIYANAYAGAM

JUDGEMENT

(1.) The revision petitioner, who is the plaintiff in OS.No.1987/1980 on the file of the District Munsif Court, Salem, which suit was renumbered as OS.No.14/1987 and taken on the file of the Subordinate Judge, Salem, filed the suit for partition and a preliminary decree for partition and allotment of 1/5th share of the plaintiff was passed on 9.4.1981. Subsequently, the petitioner/plaintiff applied for final decree in IA.No.923/1985, before the Sub Court, Salem. By that time, one minor Singaravelu and Kanagambal have filed a suit in OS.No.922/1984, before the Sub Court, Salem for partition and the same was pending. Yet another suit in OS.No.172/1987 before the Sub Court, Salem was filed by one Rajaratinam for declaration and the same was also pending. The original suits in OS.No.922/1984 and OS.No.172/1987 were taken together along with IA.No.923/1985 in OS.No.14/1987 by the Subordinate Judge, Salem, which court by judgement and decree dated 26.7.1996 dismissed the suits in OS.No.922/1984 and OS.No.172/1987 and also dismissed IA.No.923/1985 in OS.No.14/1987. As against the same, the petitioner/plaintiff in IA.No.923/1985 in OS.No.14/1987 has preferred this civil revision petition.

(2.) For the purpose of disposing of this civil revision petition, few facts are necessary, which are narrated here under:- One Senniappa Nadar had his 1st wife, Kunjammal, through whom he had a son and a daughter, viz. Thavasimuthu and Periyanayagam, who died in or about 1947 and after the death of Kunjammal, Senniappa Nadar married Rajammal as 2nd wife, through whom, he got two daughters, viz. Rajammal and Susila. Thavasimuthu died leaving behind him, his wife Kanagambal and a son Singaravelu, who are the plaintiffs in OS.No.922/1984. The plaintiff in OS.No.14/1987, Rajammal is the 2nd wife of Senniappa Nadar. Radhamani and Susila, who are the defendants 3 and 4 in the said suit are the daughters of Rajammal, the plaintiff in the said suit. The plaintiff in OS.No.172/1987, Rajaratinam is the purchaser of certain items of the properties, after filing of the suit by Rajammal in OS.No.14/1987, which suit was filed for declaration and for possession of the properties purchased by him.

(3.) OS.No.922/1984 and OS.No.172/1987 and IA.No.923/1985 in OS.No.14/ 1987 were all tried together by the court below and both the original suits and the application for passing of final decree were all dismissed.