VARADARAJA PILLAI Vs. MUTHUSAMY PILLAI

JUDGEMENT

(1.) THE revision petitioner is the plaintiff in O.S.No.1 19 of 1995 on the file of the Sub Court, Tindivanam.

(2.) THE averments in the plaint are briefly as follows. THE first defendant is the father and defendants 2 and 3 are the brothers of the plaintiff. THEy constitute an undivided Hindu joint family, which owned the suit properties. Plaintiff and defendants are in joint possession and enjoyment of the same. THE first defendant was acting as the manager of the joint family and managing the properties on behalf of his sons, he has been paying kist and in possession of the property for himself and on behalf of all the plaintiff and defendants 2 and 3. All of them are entitled to l/4th share in the suit properties. THE plaintiff is a cardiac patient. He is both weak physically and mentally! He cannot attend to his normal life and was depending upon his father and brothers always. THE defendants represented to the plaintiff that the creditors are pressing them for payment of the debts incurred for celebrating the marriages of the first defendant's daughters Jayalakshmi and Kalyani and for that they had to execute a mortgage of the suit properties and obtained his signatures. Out of confidence, he had with the defendants, the plaintiff signed the documents without following it. Even thereafter, the plaintiff and defendants are living jointly as before. THE defendants have cooked up and fabricated a partition deed with false and frivolous recitals in it and have in it, obtained the signature of the plaintiff under the guise of executing a mortgage deed. THE plaintiff therefore ignores the same, the partition which has been fabricated is null and void since it has been obtained using undue influence and playing fraud and misrepresentation, is not binding on the plaintiff. THE plaintiff has now filed the suit for partition and separate possession of his half share and for mesne profits.

(3.) A check-slip has been issued to the plaintiff to the effect that the market value of the suit property is given as Rs. 1,50,500 and the plaintiff has to value the relief on this amount for cancellation of the earlier partition deed dated 17.2.1987 as required under Sec.37(1) of the Court-Fees Act.