GOMATHIAMMAL Vs. SHANMUGAVEL

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the fair and decreetal order dated 12.09.2016 passed in I.A.No.563 of 2016 in O.S.No.185 of 2016 on the file of the Principal District Munsif Court, Srivilliputhur, Virudhunagar District.

(2.) Learned counsel for the revision petitioners would submit that the revision petitioners are defendants 3 and 5 to 7 and the 1st respondent is the plaintiff in the suit in O.S.No.185 of 2016 on the file of the Principal District Munsif Court, Srivilliputhur, Virudhunagar District. In the suit, the plaintiff claims partition right over the suit property. According to the petitioners, the suit property belonged to one Late Gurusamy Thevar who is the father of the 1st petitioner's husband one Late Paramasivam. The said Gurusamy Thevar had two sons namely, Paramasivam and Kodakanathan @ Mahalingam. Kodakanathan @ Mahalingam who was a bachelor predeceased his father. Hence, the suit property devolved upon Paramasivam after the death of Gurusamy Thevar. During 1992, the said Paramasivam died and his legal heirs, wife, sons and daughter, the revision petitioners herein, inherited the suit property. The petitioners were residing in a hut which is located in one part of the suit property and another part was used as a cattle shed. While so, the 1st petitioner submitted an application before the local body authority to construct a house in the suit property under Green House Scheme and the authorities accepted the said application under the said scheme and allotted Rs.2,10,000/- to construct the house. In the meanwhile, the 1st respondent/plaintiff filed I.A.No.563 of 2016 for temporary injunction to stop the construction which was being put up by the 1st petitioner under Green House Scheme.

(3.) It is further contended that the main contention of the 1st respondent/plaintiff is that the suit property belonged to one Late Subba Thevar who is the grandfather of the 1st respondent/plaintiff. Late Gurusamy Thevar and Siddharth Thevar who is the father of the plaintiff were co- brothers. After the death of Subba Thevar, these co-brothers inherited the suit property as legal heirs. Hence, the plaintiff has filed the present suit claiming partition right over the suit property and temporary injunction.