H M KARI GOWDER Vs. H M HALAN

JUDGEMENT

(1.) AS the dispute among the parties herein relates to the same set of property with three distinct reliefs asked for in a suit, which is pending disposal, with the consent of the Bar for the respective parties, for probing the identical question of law, all the three matters were heard together and disposed of by delivering the common order.

(2.) THE two appeals and the revision are directed by the first defendant by name Kari Gowder in the suit O.S.176/84, now pending before the learned District Judge at Ootacamund in Nilgiris District, for the relief of partition, possession and so on, filed by the respondent herein. The parties herein along with others are brothers owning extensive landed and house properties in and around Ootacamund in Nilgiris District like estates, tea and coffee gardens, house properties, bank deposits and so on, which are the several items of the suit properties. The plaintiff, viz., the respondent herein being the brother of the appellant/revision petitioner herein, claiming 9/40 share in all the items of the suit properties, on the basis that the same are the joint family properties, laid the suit in the year 1984. By filing a written statement the appellant/revision petitioner herein being the 1st defendant in that suit, mainly contended inter alia , that several items of the properties, particularly, the properties involved in these appeals and revision are not the joint family properties, but however claimed them as his exclusive properties in his actual possession and enjoyment and having denied the very claim of the plaintiff, he is resisting the suit. The trial of the suit commenced already and it appears recording of the oral and documentary evidence on behalf of one party was almost over by now.

(3.) IT appears that pursuant to the said order passed by this Court in the Criminal Revision Case above referred, the appellant/revision petitioner herein got the actual possession of the properties, which are very much involved in these cases, viz., 5.31 acres of land situate in Survey Field No.480 in Kothagiri village known as Hocholai Tea Estate with specified boundaries and 11 acres 4 cents of landed properties situate in survey Filed Nos. 199,204,203,200/1 and 205 of Nedugula Village known as Milidhane Tea Estate, consisting of valuable standing crops like silver oak and other specified trees. While that being so, the trial commenced and the examination of the witnesses on behalf of the plaintiff was almost over by recording oral and documentary evidence on his behalf. The rest of the evidence on behalf of the defendants is yet to commence.