LOURTHUNATHAN Vs. PATHINATHAN

JUDGEMENT

(1.) The above Civil Revision Petition is filed challenging the dismissal of an application to reject the plaint filed by the 1st defendant in I.A.No.486 of 2018 in O.S.No.33 of 2013, on the ground that the suit is barred by law as well as on the ground there being no cause of action. The facts which are necessary to dispose of the Civil Revision Petition are as follows:

(2.) The 1st respondent in the Civil Revision Petition has filed a suit claiming partition of his 1/5th share in the suit schedule property. He seeks preliminary decree followed by the final decree proceedings. In the suit, the 1st respondent/plaintiff had submitted that they are converted Christian and the suit property originally belonged to their paternal grandfather one Gutaiyan @ Anthonysamy.

(3.) The said Gutaiyan had four sons and eighty years back he had died intestate. Therefore it is their contention that on the death of Gutaiyan, his sons had orally partitioned their property, in which some properties had been allotted to the plaintiff's father Chinnathambi @ Anthonysamy. It is his further case that from out of the income from this ancestral property as well as the contributions of the sons the suit property and other properties had been purchased for the benefit of the joint family and the parties have been treating the same as joint family property and the 1st defendant was managing the property as the Kartha of the joint family.