ANGAMMAL Vs. C SELLAMUTHU

JUDGEMENT

(1.) THE plaintiffs in the suit are the revision petitioners. The revision under Article 227 of the constitution of India is directed against the order of the learned trial Judge in dismissing the application filed by the plaintiffs in I. A. No. 1005 of 2006 under Order VI, Rule 17 CPC for amendment of the plaint.

(2.) THE plaintiffs filed the suit in O. S. No. 98 of 2005 on the file of the First Additional Subordinate Judge, erode for declaration that the decree passed in O. S. No. 311 of 1998 on the file of Sub Court, Erode is void and not binding the share of Chennimalai Gounder in the suit properties and for injunction restraining the defendants from in any manner either alienating or encumbering the suit properties and for preliminary decree for partition dividing the suit properties into six equal shares and to allot one such share to each of the plaintiffs.

(3.) ACCORDING to the plaintiffs, the suit properties are agricultural properties and A-schedule properties are the joint family properties of late V. Chennimalai Gounder allotted to him under partition deed dated 14. 7. 1960 executed between himself and other co-sharers. B-schedule property is a house property inherited by Chennimalai gounder as his ancestral property. The joint Hindu family included Chennimalai Gounder apart from the first defendant chellamuthu. The second defendant is the son of the first defendant. Both the plaintiffs are the daughters of chennimalai Gounder. After the death of plaintiffs' mother pongiammal on 14. 4. 1998, Chennimalai Gounder was living with the second plaintiff and the plaintiffs were looking after him. Chennimalai Gounder is stated to have died due to cardio-respiratory arrest on 23. 6. 2004 at Universal hospital, Erode. Therefore after his death, the plaintiffs as well as the first defendant have inherited his properties as legal heirs and each of the plaintiffs is entitled to 1/6th share and the first defendant is entitled to 2/3rd share. It is, with that pleadings, the suit was filed.