PARVATHI Vs. SUNDARAM

JUDGEMENT

(1.) The litigation involved in this revision petition has a chequered history which needs a brief introduction.

(2.) Originally, a large extent of property was owned by one Sundalaimadan Nadar, who died leaving behind his three sons. The suit for partition was filed by the descendants of Sundalaimadan Nadar in O.S.No.6/66 and a preliminary decree was passed on 04.03.1966 holding that each of the sharers are entitled for ?rd share. As per the preliminary decree dated 04.03.1966, final decree was also passed on 23.11966. The respective parties have acted upon it. 8 cents of land was allotted to Sundalaimadan Nadar. One Anthony alias Kalaperumal was allotted ?rd share. Thereafter, in the subsequent suit filed in O.S.No.261/81 by one K.Sundaram against Anthony alias Kalaperumal and others who sold the property to K.Sundaram, a decree was passed declaring that the plaintiff K.Sundaram is entitled for the title and possession over 2 cents out of 8 cents of land in Old S.No.1382/347-2 of Nagercoil Village.

(3.) Aggrieved by the partial rejection of the relief, appeal was preferred by Sundaram in A.S.No.83/82, wherein, while declaring the title of the said Sundaram over 2 cents of land, the appellate Court has observed that since there was no delivery of possession of the respective portion as per the partition decree passed in O.S.No.6/66, the plaintiff K.Sundaram who was declared as title holder of 2 cents of land, has to file a separate suit for possession.