Mrs. Prema Kumari & 3 Others v. Mr.K.C.Linganathan & 10 Others
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 12.03.2018
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN C.S.No.651 of 2012
1. Mrs.Prema Kumari
2. L.Anand
3. Ms.L.Manjula
4. Mr.L.Jayakanth ... Plaintiffs
Versus
1. K.C.Linganathan
2. K.C.Chandrasekar
3. K.C.Sivashankar
4. Ms.G.Sarala
5. Ms.R.Lakshmi
6. K.C.Sivakumar
7. K.C.Ramesh
8. Karunakaran
9. Ms.J.Mahalakshmi 10.Ms.V.Vijayalakshmi 11.K.Gunasekaran ... Defendants Plaint filed under Order VII Rule 1 of C.P.C. read with Order IV Rule 1 of Original Side Rules, praying to pass a judgment and decree:- i.
To partition the Schedule A mentioned Property by Metes and Bounds and hand over separate possession of the plaintiffs 3/4th share therein.
ii. To partition the Schedule B mentioned properties by Metes and Bounds and hand over separate possession of the plaintiffs 1/4th
share therein.
iii. Appoint an Advocate Commissioner to divide the Suit Schedule Property having metes and bounds and put the plaintiffs in possession of their respective shares in the Schedule A and Schedule B mentioned properties.
iv. Directing the Advocate Commissioner to be appointed by this Court to ascertain the mesne profits from the schedule B mentioned property and direct the defendants to pay the plaintiffs their respective 1/4th share until the Plaintiffs 1/4th shares are delivered to them.
v. Directing the defendants to pay the cost of this Suit. For Plaintiffs : Mr.K.V.Ananthakrushnan For Defendants : Mr.S.B.Vijai
J U D G M E N T
The suit is one for partition of the suit properties. The parties have filed a Compromise Memo, which sets out the terms of the compromise. The parties have also affirmed the fact that they have entered into a memo of compromise.
According to the said compromise, the properties shown in Schedule A is allotted to plaintiffs 1 to 4 and the properties shown in schedule B as item 1 and 2 are allotted to the defendants 1 to 7.
2. In view of the above, the suit is decreed in terms of the compromise. The Compromise Memo shall form part of the decree. The parties are directed to bear their own costs. Index : No Internet : Yes Speaking Order List of the witnesses examined on the side of the plaintiffs :
P.W.1 Prem Kumari List of Exhibits marked on the side of the plaintiffs: Sl. No.
Exhibits Description of Documents Ex.P1 Partition cum settlement deed dated 11.08.1924 registered document as No.1416 of 1924 Ex.P2 Sale Deed and document No.1885 of 1935 dated 10.07.1935 (certified copy) Ex.P3 Sale Deed registered as document No.1400 of 1935 dated 26.04.1988 Ex.P4 Death Certificate of Mr.R.Loganathan dated 30.08.1998 Ex.P5 Death Certificate of Mrs.Rajambal dated 11.11.1990 Ex.P6 Collector Proceedings dated 14.07.1998 Ex.P7 Special Commissioner proceedings dated 22.10.2001 Ex.P8 Restoration letter by Tahsildar dated 05.11.2003 Ex.P9 EC for the period of 1935 to 2012 Ex.P10 Patta No.1442 of 2009-2010 Ex.P11 Patta reference by Tahsildar dated 24.11.2011
Sl. No.
Exhibits Description of Documents Ex.P12 Patta reference by Tahsildar dated 23.02.2002 Ex.P13 Plaintiff's legal notice dated 19.03.2012 Ex.P14 Reply notice by defendant dated 09.04.2012 (All documents are original except Ex.P1 & P2 - Defendant counsel for 1 to 7 verified the same) Ex.P15 Computer generated copy of Death Certificate of Mr.K.Chellappan dated 05.10.2009 Ex.P16 Photo copy of Legal heirship certificate of T.Loganathan dated 13.09.1988 List of the witnesses examined on the side of the defendants: Nil List of Exhibits marked on the side of the defendants: Nil To The Sub Assistant Registrar Original Side High Court, Chennai 600 104.
R.SUBRAMANIAN, J.
C.S.No.651 of 2012