R. KUMARASAMY Vs. K. SURESH AND OTHERS

JUDGEMENT

(1.) Civil Revision Petition is filed against the fair and decretal order dated 06.01.2015 made in I.A.No.95 of 2014 in O.S.No.409 of 2011 on the file of the Principal Subordinate Court, Erode.

(2.) The petitioner is first defendant, first respondent is plaintiff, respondents 2 to 5 are the defendants 2 to 5 in O.S.No.409 of 2011 on the file of the Principal Subordinate Court, Erode. The first respondent filed the said suit for partition against the second respondent and allotment of 50% of the suit property and declaration that he is the absolute owner of the half share of the suit property and recovery of vacant possession of the property from the petitioner by removing the superstructure.

(3.) According to the first respondent, second respondent purchased 5022 1/2 sq.ft. in common under a registered sale deed dated 17.04.1996 and father of the first respondent viz., Kannusamy purchased another extent of 5022 1/2 sq.ft. in common under a registered sale deed dated 24.04.1996 and they were in joint possession and enjoyment of the properties. The first respondent's father and second respondent leased out the suit property to one Siraj for a period of five years. The first respondent's father in the Will dated 09.10.1999 bequeathed his share in the suit property to the first respondent. First respondent's father died on 11.12.1999. The petitioner encroached a portion of the suit property and put up superstructure inspite of first respondent's objection. The first respondent gave a complaint to the police. The petitioner is very influential person and the police did not take any action against the petitioner and hence, the first respondent gave a complaint to the Land Grabbing Cell. The petitioner is an accused in the criminal case for murdering his own elder brother namely, Viswanathan. He is threatening the attesting witnesses to the Will executed by the first respondent's father and attesting witnesses are afraid to give evidence. The third respondent is the first wife of the said Kannusamy, who is father of the first respondent. The respondents 4 and 5 are mother and sister of the first respondent respectively. In the meanwhile, respondents 3 to 5 released their respective shares in favour of the first respondent in the suit property by way of registered release deed dated 10.04.2013. In the circumstances, first respondent has filed I.A.No.95 of 2014 for amendment of the plaint to delete his claim based on the Will executed by his father dated 09.10.1999 and include the averment with regard to the release deed dated 10.04.2013, which was executed by the respondents 3 to 5.