DINAKARAN Vs. VENKAESAN

JUDGEMENT

(1.) THE above Civil Revision Petition is filed against the fair and decretal order dated 4.1.2005 made in I.A.No.258 of 2004 in O.S.No:152 of 2000 by the learned Subordinate Judge, Arni, dismissing the I.A., filed by the plaintiff under Order 13 Rule 3 CPC to reject the Koorchit dated 19.5.1997, sought to be marked by the respondents/defendants on the ground that it is an unregistered document.

(2.) THE revision petitioner/plaintiff filed the suit for partition of the suit schedule properties into 4 equal shares and to allot one share to him. THE respondents are contesting the suit. It is the case of the respondents that their father died in the year 1994, after his death they entered into an understanding about the sharing of the joint family properties on 7.6.1996, thereafter to give effect to the understanding reached, they entered into a family arrangement (Kootchit) on 19.5.1997 with regard to the suit schedule properties. In continuation of understanding reached on 7.6.1996, they reduced he same into writing about the sharing of properties with its descriptions and they are in enjoyment of their respective shares. It is the case of the respondents that the plaintiff being the eldest son is keeping the original koorchit and the plaintiff has filed the suit falsely after 4 years of the said family arrangement.

(3.) ON the contrary, it is contended by the learned counsel for the respondent that the family arrangement is a matter of fact and evidence on record that the plaintiff and the defendants divided the property and are in possession and enjoyment of their respective shares for all these years and in act the petitioner has sold some trees that fell in his share and also gave no objection for transfer of the patta and Electricity connection to be obtained by the third defendant.