1. The revision petition is directed against the order in I.A.No.111 of 2012 in I.A.No.10 of 2011 in O.S.No.103 of 2004, dated 04.01.2013, on the file of the Principal Subordinate Judge, Mayiladuthurai.

2. Material on record discloses that a suit in O.S.No.103 of 2004, has been filed by Mrs.Zulaiha Bivi, first respondent herein, against 10 defendants, for the following reliefs,

"(a) directing partition and separate possession of her 1/16 share in the two items of properties described in Schedules 1 and B hereto.”

(b) directing the first defendant to pay the sum of Rs.11,250/- with interest thereon at 12% per annum from the date plaint till the date of realisation thereof.

(c) appointing an advocate commissioner to make a local inspection of the two items of properties and to file a report to this Court suggesting the mode of division and distribution.

(d) “directing the 1st defendant to deposit into this Court to the credit of this suit the future rental collections until this Court passes appropriate orders as to the apportionment thereof to the plaintiff and the defendants 1 to 9."

3. The Schedule properties, for which, partition has been sought for, are described in Schedules 'A' and 'B', which are as follows:

Schedule – A The property consisting of the house and ground bearing Door No.18/3, South Main Road, Nidur, Mayiladuthurai Taluk, Nagapattinam District, measuring in extent 17 Cents consisting of two bits of land one of which of the extent of 12½ cents and the other of the extent of 4½ Cents comprised in Survey No.335 of Nidur Village, Mayiladuthurai Taluk, Nagapattinam District bounded on the

North by : South Main Road, South by : Devasthanam Sarvamaniyam Land East by : Abdul Hameed Sahib's Property and Mir Gulam Hussain's Property West by : Abdul Rahim's Property within the Registration District of Nagapattinam and Sub-Registration District of Mayiladuthurai.

The market value of the property according to the plaintiff's estimate is Rs.20,00,000/-.

Schedule – B

The property consisting of the house and ground, bearing door Nos.39, 39A and 39B of Big Bazaar Street, Mayiladuthurai, Nagapattinam District, measuring in extent 5938 Sq.Ft., comprised in T.S.Nos.499 and 500 of Mayiladuthurai Village and Taluk, Nagapattinam District bounded on the North by : Big Bazaar Street South by : Muncipal Lane East by : Nagarathar Madam West by : Abdul Rahim's Property within the Registration District of Nagapattinam and Sub-Registration District of Mayiladuthurai.

The said property is lying within the Municipal limits being situated in Ward No.II, Block No.4.

4. Defendants 1 to 5 have remained ex parte. Defendants 6 to 10 have contested the suit. The learned Principal Subordinate Judge has framed the following points for consideration,

"(1) Whether the plaintiff is entitled to 1/6th share in the suit property?

(2) Whether the plaintiff is entitled to recovery of money from the 1st defendant?

(3) “To what relief?"

5. Before the lower Court, on behalf of the plaintiff, one Mr.Mohammed Kadar has been examined as PW.1 and he has marked three documents, Exs.P1 to P3. On the side of the defendants, one Mr.Jayaveerapandian, has been examined as RW.1 and marked two documents, Exs.B1 and B2. Vide judgment and decree, dated 17.01.2006, a preliminary decree has been granted for the following reliefs,

"(1) There shall be a declaration that the plaintiff is entitled to 1/6th share, in respect of A and B Schedule Property in the suit.”

(2) The relief of partition is granted, subject to the tenancy rights of the 10th defendant in the B Schedule property in the suit.

(3) The 1st defendant shall pay a sum of Rs.11,250/- towards rent, to the plaintiff.

(4) In respect of past arrears of rent, sought for from the 1st defendant, the plaintiffs can take separate proceedings under Order 20 Rule 12 CPC.

(5) In order to divide the suit properties by metes and bounds, and for passing final decree, the plaintiff has to take steps for