RAJAJI Vs. R KRISHNAJI

JUDGEMENT

(1.) THIS revision is preferred against the Fair and Decretal Order made in I. A. No. 540/2001 in I. A. No. 283/2001 in O. S. No. 34/2000 dated 2. 11. 2001 by the Subordinate Judge, Maduranthakam, dismissing the petition filed under Or. 9, R. 7 CPC declining to set aside the exparte order to appointment of Receiver passed in I. A. No. 283/2001.

(2.) THE Plaintiffs/defendants 1 and 2 - sons of D-3 Raja Ram Reddiar, claim that the suit properties 'a to E' schedule properties are the ancestral properties. The Plaintiff has filed the suit O. S. No. 34/2000 for partition and allotment of 1/4th share. The suit property relates to a number of items of immovable properties comprised in A to E Plaint Schedule Properties.

(3.) DEFENDANTS 1 to 3 have filed Written Statement. D-1 has filed the Written Statement contending that the Preliminary Decree for partition could be passed in respect of the suit properties excepting 'b' Schedule Property, which is to be allotted as three equal shares and 'c' schedule in four equal shares and that D-1 is entitled to 1/3rd share in 'b' Schedule and 1/4th share in 'c' Schedule. D-2 has filed Written Statement stating that the suit may be decreed as prayed for and that the second Defendant may be allowed 1/4th share. D-3 has filed Written Statement contending that the suit item numbers 27 to 30 viz. , dry S. No. 311/6, 311/7, 311/8 and 311/13 are the absolute and self acquired properties of D-3. D-3 has purchased those items under Sale Deeds dated 30. 10. 1977 and 25. 5. 1983. Since the date of purchase, D-3 is in exclusive possession and enjoyment of those items and he has also made improvements. Hence the Plaintiff is not entitled to suit items 27 to 30. D-3 is entitled to 1/4th share regarding the other items of properties.