S JAYAKUMAR Vs. K KANDASAMY GOUNDER

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 12. 06. 2000 passed by the Subordinate Judge, Udumalpet in I. A. No. 168 of 2000 in O. S. No. 278 of 1999, dismissing the Petition filed under Order XXIII Rule 1 (4) C. P. C. The Defendants are the Revision Petitioners.

(2.) THE Suit Property relates to Four Items of Properties in Chinnampalayam Village, Pollachi Taluk.

(3.) CASE of the Respondent / Plaintiff is that Plaint A and B Schedule properties were the absolute properties of Plaintiffs Mother Krishnammal. She was in exclusive possession and enjoyment of the suit properties. The Plaintiff, D-1 and D-5 are the Son and Daughters of the said Krishnammal. Out of her love and affection, Krishnammal had executed the Settlement Deed on 22. 04. 1958 settling the properties in favour of the Plaintiff. Thereafter, the Plaintiff was in possession and enjoyment of the B Schedule settled property. The Plaintiff was working in Cheran Transport Corporation, Pollachi and was unable to look after the suit property. Hence, the Plaintiff and his Mother have leased out the entire suit property to Fourth Defendant. The Plaintiff was maintaining his Mother and he was receiving the rent from the Fourth Defendant. The Plaintiffs Mother died on 15. 03. 1970 leaving the Plaintiff, Mylathal and Valliammal as her legal heris. The Plaintiff is entitled to 1/3 share in A Schedule property.