MINOR DEIVANAI Vs. PALANIMUTHU

JUDGEMENT

(1.) THIS revision arises out of the order of the learned Subordinate Judge, Mettur dated 15. 10. 2001, passed in C. M. A. No. 11/2001, modifying the order dated 27. 4. 2001 passed in I. A. No. 34/2001 in O. S. No. 12/2001, by the District Munsif cum Judicial Magistrate, Omalur. The Plaintiffs are the Revision Petitioners.

(2.) THE Plaintiffs are daughter and son of D-1-Palanivelu. Selvi mother of the Plaintiffs married D-1 ten years prior to the suit. The Plaintiffs have filed the suit for partition of the suit properties into four equal shares and allot two shares to the Plaintiffs. The case of the Plaintiff is that about ten years after the marriage, the first Defendant was ill-treating Selvi, demanding for more dowry and jewels. With no other option, the Plaintiffs along with their mother, took shelter in the house of their mother. Even thereafter, the first Defendant or his father viz. , the second Defendant never cared about the welfare of the Plaintiffs and their mother. The Plaintiffs are unable to maintain themselves. The suit properties are the ancestral properties of the Plaintiffs and the Defendants. The second Defendant obtained the suit properties by way of Partition Deed dated 8. 3. 1974. The Plaintiffs are entitled to 1/4th share each in the suit property. The Defendants 1 and 2 are entitled to 1/4th share each. Hence the Plaintiffs have filed the suit for partition of their 1/4 + 1/4th share.

(3.) I. A. NO. 34/2001 :-