CHINNAKKAL Vs. MARAKKAL

JUDGEMENT

(1.) THIS revision is directed against the order of District Munsif cum Judicial Magistrate, Perundurai, made in I. A. No. 866 of 1998 in O. S. No. 575 of 1996 dated 28-10-1998, dismissing the petition filed under Or. 6 R. 17 C. P. C. declining permission to amend the plaint.

(2.) O. S. NO. 575 of 1996:- This suit was originally filed in the year 1994 in Sub-Court, Erode. Later, the suit was transferred to the Court of District Munsif, Perundurai and renumbered as O. S. No. 575 of 1996. The case of the Plaintiff is that in the suit property in R. S. No. 3 of Chinnamallanpalayam Village, the Plaintiff is entitled to 1/8th share out of the suit properties and the well situated thereon. The Defendants 1 and 2 are entitled to 3/8th share. The Defendants 3 and 4 are together entitled to 4/8th share. The Defendants failed to comply with the demand of the Plaintiff to effect partition. The Defendants are entitled to irrigate their share in R. S. No. 3 alone and they are not entitled to take water from the said well to other survey numbers situated in R. S. Nos. 4, 8 and 9 and other survey fields. While so, the Defendants have attempted to lay underground pipelines to take the well water to some other land. Hence, the Plaintiff has filed the suit:-

(3.) ADMITTING the Plaintiff's share 1/8th share in R. S. No. 3, the Defendants have filed a written statement contending that the Defendants 1 and 2 have 2/8th share in the suit property ancestrally. The Defendants 1 and 2 have purchased another 1/8th share in the year 1974, thereby the Defendants 1 and 2 became entitled to 3/8th share in the suit properties. The Defendants 3 and 4 have purchased 1/8th share in the year 1981. The Defendants 3 and 4 became entitled to 4/8th share in the suit properties. The Plaintiff is entitled to 1/8th share. The parties are entitled to bale out water from the common well as per turns, in proportion to their shares in the suit lands. R. S. No. 4 is adjoining R. S. No. 3 on the Western side. Defendants 1 and 2 are owning shares in R. S. No. 4 and the Plaintiff is also owning shares in the same lands. By mutual consent, the Plaintiff and the Defendants have agreed to irrigate their respective portions from the suit well water by laying underground pipes to their respective shares from the suit well. They are also entitled to irrigate the said land during their respective turns in the suit well. Acting on the mutual consent and agreement, the Defendants have laid underground PVC pipes spending around Rs. 17,000/- to irrigate their lands in R. S. No. 4. The Plaintiff was delaying to put up underground pipes from the suit well, due to her share in R. S. No. 4. In the meanwhile, there arose misunderstanding between the Plaintiff and the Defendants 3 and 4 in connection with a pathway leading to another land. On account of that misunderstanding, the Plaintiff has rushed to the Court, filing the suit on false grounds. The Plaintiff has filed another suit in O. S. No. 498 of 1996, which was filed in the month of August 1996 regarding the same subject matter.