SUKANYA VISWANATHAN Vs. M. RATHINAM

JUDGEMENT

(1.) CIVIL Revision Petition is filed against the order dated 10.10.2013 passed by the Vth Additional District and Sessions Court, Coimbatore in O.S. No. 715 of 2011 not permitting the revision petitioners to file the document dated 09.05.2001.

(2.) THE first respondent herein as a plaintiff has filed a suit in O.S. No. 715 of 2011 for partition and separate possession of = share in the suit property. The revision petitioners herein are defendants 1 and 2 in the suit. During trial, signature in the partition deed dated 09.05.2001 is marked as Ex. B1 by the revision petitioners, but it was objected by the plaintiff for marking entire document as Ex. B3. The trial Court held that Ex. B3 is defective for want of stamps and registration and it cannot be admissible at present and if the defendant wants to rely on the document for collateral purpose, then he must pay the necessary stamp duty with penalty, against which, the present revision petition is preferred by the defendants 1 and 2.

(3.) THE suit property and other properties originally belonged to one Solaiya Gowder and he is having three sons namely, Rangasamy Gowder, Samannan and Kannappan and a daughter by name, Subbammal. After the death of Solaiya Gowder, there was a partition between the children of Solaiya Gowder and the suit properties were allotted to the share of Rangasamy. The said Rangasamy died in the year 1981 leaving behind his widow wife Rangammal, son Viswanathan and daughter Rathinam. Subsequently, the wife of Rangasamy viz. Rangammal and Viswanathan also died in the year 1995. Thereafter, the daughter of Rangasamy/Rathinam has come forward with the suit for partition and separate possession of = share in the suit property. The revision petitioners herein are wife and daughter of late Viswanathan respectively.