VASUMATHI Vs. M.R.ANBARASU

JUDGEMENT

(1.) A .No.398 of 2013: This application under Order XIV Rule 8 of the O.S.Rules r/w Order XL Rule 1 and Section 151 of the Code of Civil Procedure, has been filed with prayer to appoint a Receiver to manage and collect the income from the Schedule properties and deposit the same in the Court, after deducting the expenses for paying the Government Taxes, maintenance charges of the properties and his remuneration as may be fixed by this Hon 'ble Court. A.No.399 of 2013: This application has been moved to direct the defendants 1 and 2 to furnish a true account of income from the schedule properties item No.1 to 4 to the Court from the date of the applicant mother's death on 23.04.2007 till the appointment of the Receiver.

(2.) THE plaintiff/applicant has filed suit for partition of suit property by meets and bounds for separate possession claiming 1/6th share. The defendant nos.1 and 2 are brothers of plaintiff/applicant and defendant nos.3 to 5 are sisters. The schedule mentioned properties 1 and 2 stand in the name of late Mr.Ramanujam, the father of the plaintiff/applicant and Item Nos.3 to 5 of the suit property are self acquired properties of late Mrs.Saratha, the mother of the plaintiff.

(3.) IT is further submitted, that portion of Item No.3 and Item No.1 and many portions consisting of houses and shops have been let out to various tenants renting out income of Rs.60,000.00 (Rupees Sixty Thousand only) and above. That the schedule property Item No.2 is situated at Mecherry Village, Vellore District, which is an agricultural land and the income fetched from the agricultural yields is also appropriated by defendants 1 and 2, who have not given account for the income on the property, nor gave any share of the income to the plaintiff/applicant or to her sisters.