KALAISELVI Vs. J.SWATHY

JUDGEMENT

(1.) This civil revision petition arises against the order passed by the II Additional Subordinate Judge at Coimbatore in I.A. No. 4 of 2023 in O.S. No. 313 of 2010 dtd. 4/9/2023.

(2.) The facts necessary for the disposal of this revision are as follows:- The plaintiff is the grand-daughter of one Chinnasamy. Chinnasamy obtained the suit scheduled mentioned property on 12/5/1970 by way of partition between himself and others. Even in the said document, the properties were described as joint family properties. Chinnasamy married one Sarojini and from the wedlock, two children were born. They were Inbavathy and Jayakumar. Jayakumar married one Radhamani and from that wedlock, the plaintiff was born on 26/5/1995.

(3.) Inbavathy married one Vivekanandan and from the wedlock, a boy name Deepak was born. Chinnasamy and Jayakumar, treating themselves as co-parceners, alienated the properties by way of sale deed and settlement deed in favour of Inbavathy. Inbavathy passed away on 27/1/2009. Her husband and son had predeceased her. On her death Chinnasamy's wife Sarojini treated herself as the sole legal heir of the deceased Inbavathy and alienated the property in favour of one Maragadam on 5/7/2011. Maragadam, in turn, alienated the property in favour of the civil revision petitioner on 26/12/2011. Even prior to these alienations, the suit for partition had been presented even on 9/6/2010.