P.RAJAVELU Vs. UDAYAPRIYA

JUDGEMENT

(1.) Challenging the fair and final order passed in I.A.No.359 of 2008 in O.S.No.17 of 2006, on the file of Subordinate Court, Sankagiri, the defendants 2 and 3 have filed the above Civil Revision Petition.

(2.) The plaintiffs filed a suit in O.S.No.17 of 2006 for partition, separate possession and for injunction. After contest, the trial Court passed a preliminary decree, allotting 5/12 share to the plaintiffs. The trial Court also restrained the defendants 1 to 3 from putting up any construction in the suit property.

(3.) Subsequent to the passing of preliminary decree, the plaintiffs filed Final Decree application in I.A.No.187/2007 and in the Final Decree application, the defendants 2 and 3 have filed an application in I.A.No.359 of 2008, stating that as per Sec.43 of Transfer of Property Act, the property, measuring an extent of 761 sq.ft., settled in their favour, should be allotted to them.