RAMASAMY Vs. P MARAPPAN

JUDGEMENT

(1.) THIS revision is preferred against the order of the subordinate Judge, Sankari made in I. A. No. 1141 of 1991 in O. S. No. 191 of 1992 dated 29. 3. 2001 dismissing the petition filed by the first Defendant under section 151 of C. P. C. to amend the Plaint and to introduce petition mentioned properties in the Plaint schedule. Parties are related as under:- Defendants 2 to 4 are Co-sharers; each entitled to share in items 3 and 4.

(2.) O. S. No. 191 of 1992:- Case of the Plaintiff is that the Plaintiff and his elder brother D1 jointly purchased the item No. 1 of the suit property by a Sale Deed dated 5. 12. 1973. Both the Plaintiff and the first defendant constructed a terraced house in item No. 1 - S. No. 322/1. The Plaintiff is having half share in the house and the agricultural lands in S. Nos. 322/1, 322/2 and half right in the Well and the electrical motor pump set thereon. Item No. 2 is the ancestral property of the Plaintiff and the first Defendant. Plaintiff and D1 being the legal heirs to their father Peria Marappa Gounder, both of them are entitled to half share in item No. 2. Defendants 2 to 4 are the co-sharers in suit items 3 and 4, which are also ancestral properties. Plaintiff and D1 are jointly entitled to share in items 3 and 4 of the suit properties. The Plaintiff demanded the Defendants to effect an amicable partition of the suit properties, but the Defendants refused to have amicable partition. Hence, the Plaintiff has filed the suit for partition claiming share in the suit properties items 1 and 2 and 1/8 share in items 3 and 4.

(3.) LEARNED counsel for the Revision Petitioner/first defendant has contended that the petition mentioned properties in which d1-elder member of the family is claiming the share was omitted to be included in the Plaint schedule which necessarily calls for amendment of the Plaint schedule. Contending that when the suit is for partition of joint family properties, it is submitted that all items of petition mentioned properties are to be included in the Plait schedule to effect complete adjudication between the parties.