SUNDARA GANAPATHI MUDALI Vs. DAIVASIKAMANI MUDALI

JUDGEMENT

(1.) This revision petition is filed against an order of the Subordinate Judge of Vellore on two issues in Original Suit No. 49 of 1929. This suit was filed by the present petitioner against his father and stepbrother for a partition of the family properties. Prior to the filing of the suit there had bean a deed of partition but the plaintiff alleges in his plaint that he was threatened by his father and others with violence and otherwise to sign it without knowing its contents properly and without realizing its full effect and compelled to yield to the pressure brought to bear on him, that when the document was afterwards presented for registration he came to know of the nature and import of the document and realised the fraud committed on him and refused to agree to its registration. He also alleges that the share of the defendants was grossly undervalued, while the properties allotted to him were overvalued, many items of properties and considerable cash have been omitted and a large sum of money was wrongly got allotted for some maintenance and marriage expenses of the plaintiff's stepsisters, that unfair advantage was taken of the position in which defendant 1 stood towards the plaintiff and that the plaintiff had no independent advice in the matter. He then alleges in para. 11 that the deed was not acted upon or given effect to and the entire family properties continued joint between the parties and that plaintiff continues to remain in joint possession and enjoyment of the same. The written statement, para. 13, says,: All the allegations in paras. 10 to 14 of the plaint are entirely false, malicious and vexatious.

(2.) Among the issues framed are issues 7 and 8: 7. is the suit without a prayer to set aside the partition deed maintainable? 8. Is the court-fee paid correct.

(3.) The Subordinate Judge has recorded findings on these two issues and hence this revision petition.