VINCENT LOURDHENATHAN DOMINIQUE Vs. JOSEPHINE SYLA DOMINIQUE

JUDGEMENT

(1.) THIS revision is directed against the order of the learned principal Subordinate Judge, Pondicheery dated 27. 11. 2006 passed in O. S. No. 334 of 2000, rejecting the documents filed by the revision petitioners.

(2.) THE defendants in the suit are the revision petitioners. The respondent has filed the suit in O. S. No. 334 of 2000 for partition and division of 1/3rd share in the suit property apart from recovery of an amount of Rs. 8,000/- towards past mesne profits and also for permanent injunction against the defendants from causing any waste and damage to the properties.

(3.) THE suit is laid on the basis that the father and mother of the plaintiff owned "a" and "b" Schedule properties comprising of houses, shops and vacant sites and they died intestate leaving behind the plaintiff and defendants as their legal heirs. According to the plaintiff, the defendants have attempted to partition the properties by allotting a small item of property of less value described in "a" schedule to the plaintiff, with the help of local people and panchayatdars, which was not agreed by the plaintiff. It is the further case of the plaintiff that after prolonged negotiation, on 14. 04. 2000, the defendants have ultimately agreed for an amicable partition of movable and immovable properties described in "a" and "b" schedules. According to the plaintiff, the plaintiff and the defendants have jointly submitted an application on 03. 05. 2000, for payment of the amount lying in the Pondicherry State Co-operative Bank Limited under the said understanding and the same is still pending with the Bank. For the months of April and May, 2000, the plaintiff and defendants have shared the rental incomes equally. When the plaintiff claimed for division of 1/3rd share, the defendants resisted the same, which resulted in the issuance of legal notice on 29. 07. 2000. With the said pleadings the plaintiff has filed the suit.