N S RAMASWAMY GOUNDER Vs. N P PALANISWAMY

JUDGEMENT

(1.) IN C.R.P. No. 48 of 1987, the fourth defendant in O.P. No. 40 of 1982 is the revision petitioner. After filing the revision, he died, and his legal heirs have been recorded. IN C.R.P. No. 49 of 1987, respondents 1 and 2 in O.P. No. 40 of 1982, on the file of Sub Court, Erode, are the petitioners.

(2.) IN a suit for partition of joint family properties, an Arbitrator was appointed to pass an Award and the same was made a decree of Court. It is the said decree that is sought to be executed. IN the Award, in so far as the lands are concerned, provision was made thus:- The entire leasehold paddy lands in the hands of Mr. N.S. Ramaswamy Gounder along with his own paddy fields is divided into two lots and allotted one to Mr. N.P. Palaniswamy and the other to Mr. N.P. Thiruvengadam as detailed below:- i. The lot allotted to Mr. N.P. Palaniswamy is: a) Sadasamba Vayal to an approximate extent of 8 acres, b) Kuttisuvara Vayal - an extent of 9 acres. ii) The lot allotted to Mr. N.R. Thiruvengadam is: a)Eswaran Vayal to an extent of 8 acres. b) Avanashi trust Vayal to an extent of 6 acres. The concerned parties will adopt the customs and manners adopted so far regarding the leasehold properties in the hands of the joint family. Each of them must measure the paddy in kind or its money value as the rent for the above leasehold properties at the appropriate time inclusive of this current year to Mr. N.S. Ramaswami Gounder or under his directions to the concerned landlords. These two parties can enjoy the leasehold rights as long as the landlord continues and willing to do so. Hereby Mr. N.S. Ramaswami Gounder is given a right to terminate the lease and surrender the possession to the landlords during his life time to retain the goodwill of the family with the land-lords. As far as the paddy fields owned by Mr. N.S. Ramaswamy Gounder will be treated in par with the other leasehold lands of Mr. N.R. Palaniswamy and Mr. N.R. Thiruvengadam."

(3.) LATER, an Execution Petition was filed as E.P. No. 48 of 1985 claiming various reliefs in respect of various items of properties. In this Revision, we are concerned only with 8 acres of land of which the family had a leasehold right and the same was directed to be enjoyed by Palanisami.