A. SUBRAMANI Vs. SELVARANI

JUDGEMENT

(1.) The civil revision petitioners are the plaintiffs in O.S.No.1281 of 2007 on the file of the Principal District Munsif, Salem. They filed the suit for declaration of their title to the suit property and for consequential relief of permanent injunction restraining the respondents/defendants from interfering with their peaceful possession and enjoyment of the suit properties.

(2.) The respondents/defendants filed a written statement and after full contest, the learned Principal District Munsif, Salem, decreed the suit in favour of the plaintiffs vide his decree and judgment dated 10.09.2009. He also held that the plaintiffss are entitled to 1.77-3/4 acres in S.No.28/1 in Karumapuram Village, Vazhapadi Taluk, Ayothiya Pattinam Sub District, Salem District. Subsequently, the respondents filed a petition in I.A.No.575 of 2010 in O.S.No.1281 of 2007 under Section 152 of the Code of Civil Procedure praying to amend the decree passed by the Principal District Munsif, Salem. In the said application, the respondents/ defendants had contended that in the decree and judgment dated 10.09.2009, the trial court had clearly held that there was a partition among the four brothers namely Annamalai, Arunachalam, Arthanari and Arumugam in respect of 4.71 acres land and each of them were allotted 1/4 share. It is further contended in the petition that if 4.71 acres is divided by four, each one would be entitled to 1.17-3/4 acres only and however, the learned Principal District Judge in the decree and judgment had wrongly mentioned as 1.77-3/4 acres of land. The civil revision petitioners filed counter in the said I.A.No.575 of 2010 in O.S.No.1281 of 2007, denying all the allegations of the petitioners.

(3.) The learned District Munsif, Salem, after analysing the evidence on record, allowed the petition by concluding that if 4.71 acres is divided by four, the actual extent would 1.17-3/4 acres and not 1.77-3/4 acres and that since it is a typographical error, the same has got to be altered in the decree and judgment. Aggrieved over the orders passed by the learned Principal District Munsif, Salem, dated 22.07.2010, the civil revision petition is filed.