RAMASAMY REDDIAR Vs. PONNUSAMY REDDIAR

JUDGEMENT

(1.) THE civil revision petitioners are the defendants in the suit in O. S. No. 381 of 1995 on the file of the District Munsif Court, Perambalur. The respondent herein is the plaintiff. The respondent/plaintiff filed an interlocutory application in I. A. No. 1354/1995 before the Lower Court praying for passing of final decree by means of appointing an Advocate Commissioner under Order XXVI Rule 13 CPC. On 23/11/1951, a preliminary decree was passed between the parties. In the said interlocutory application, the respondent/plaintiff/petitioner has prayed for his separate share of 1/4 in the application properties to be allotted to him.

(2.) A. S. NO. 174 of 1960 filed against the judgment and decree passed in O. S. No. 146/1958 by the learned Sub Judge, Thiruchirappalli, was dismissed as withdrawn by this Court on 19. 09. 1963. In I. A. No. 1354/1995 filed before the lower Court by the respondent/plaintiff/petitioner, it is specifically stated that it is gross lie to allot that as though A. S. No. 174/1960 on the file of this Court was compromised by allotting certain properties to him and the same was said to have been delivered on payment of Rs. 300/- to him etc.

(3.) IT is relevant to point out that the respondent/plaintiff/petitioner in his affidavit in I. A. No. 1354/1995 has categorically averred that he has not engaged any advocate at High Court nor he has endorsed any compromise to be recorded by the High Court and that the fact remains that after the preliminary decree, the properties were not divided by metes and bounds as per terms of the preliminary decree and in filing final decree application, there is no time limit prescribed and since item Nos. 10 and 11 of 'b' Schedule have already been sold, no relief is prayed for against those items and therefore, prayed for dividing the application mentioned properties into four shares by metes and bounds and for allotment of 1/4 share.