G. PITCHIAH Vs. G. RADHA KRISHNAN

JUDGEMENT

(1.) THIS civil revision petition is filed against the order dated 8.4.2009 in O.S.No.55/2005 passed by the learned Additional District Judge (FTC -II) Tirunelveli, dismissing the preliminary issue raised by the petitioners/defendants, holding that the above said Court has got jurisdiction to try the suit.

(2.) THE respondent/plaintiff has filed the above said suit before the learned Additional District Judge (FTC -II) Tirunelveli for partition of his 1/4th share in the suit property. The suit was resisted by the petitioners that the properties purchased by their father by name Gurusamy Konar were be -queathed in favour of the defendants by a registered Will dated 25.1.1993. Further, they have raised an issue inter alia that Gurusamy had purchased some other properties along with the suit schedule properties in the name of the plaintiff, but the plaintiff has wilfully suppressed the same and has not included in the partition suit.

(3.) THE main contention put forth by the learned counsel for the petitioners is that the item (1) of the suit schedule properties alone is situated in the Tirunelveli District, whereas the other properties value of which is more than one crore of rupees mentioned in the suit schedule properties are lying in the Tuticorin District. Since the respondent is residing at Tirunelveli, he has purposely included the item (1) of the suit schedule properties standing in the name of the plaintiff, the market value of which is very meagre in order to bring the suit under the jurisdiction of the Tirunelveli Court.