SELVI Vs. SELVAMMAL

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 04. 02. 2000 passed by the Subordinate Judge, Kallakurichi in I. A. No. 329 of 1998 in O. S. No. 115 of 1996, dismissing the Petition filed under Sec. 5 of the Limitation Act and declining to condone the delay of 525 days in filing the Application to set aside the exparte decree. The Defendant is the Revision Petitioner.

(2.) O. S. NO. 565 of 1994:- Vellaiya Achari is the Son of the Plaintiffs. The First Defendant Selvi is the Wife of Deceased Vellaiya Achari. Both the First Plaintiff and Vellaiya Achari have jointly purchased the Suit Property. From out of their joint income, they have constructed the terraced house in the Suit Property. Vellaiya Achari died in an Accident on 10. 06. 1993. From out of his half share, D-1 -Wife and Second Plaintiff Selvambal Mother are entitled to equal share. The house has been let out to the Second Defendant, who is impleaded as a necessary party to the Suit. Alleging that D-1 is attempting to sell the Suit Property and house thereon to third party, the Plaintiffs have filed the Suit for partition of their 3/4th share alternatively claiming half share to the Second Plaintiff.

(3.) THE First Defendant has filed the Written Statement contending that her Husband Vellaiya Achari purchased the Suit Property from out of his own income. He has constructed the house from his self-earnings and the First Plaintiff has no right in the Suit Property. Even during the lifetime of Vellaiya Achari, Partition was effected between the Father and Son and the Plaintiffs were allotted the land and the house in Karunkuzhi Village. Hence, the Plaintiffs cannot claim any share in the Suit Property.