G.K.ILANTHIRAIYAN
Jayakodi – Appellant
Versus
Vellaiammal (died) – Respondent
ORDER :
This revision petition is arising out of the fair and decreetal order dated 29.10.2013 passed by the learned District Munsif, Mettur in I.A.No.495 of 2013 in O.S.No.161 of 2009, thereby dismissing the petition filed for amendment to include the prayer of declaration by the petitioner herein.
2. The petitioner is the plaintiff. She filed suit for partition as against the defendants 1 to 5. The fifth defendant viz., Ponnammal filed separate written statement stating that the portion of the suit property was already purchased by her from the father of the petitioner/plaintiff herein by a registered sale deed dated 13.07.1984. After the purchase, the fifth defendant is in possession and enjoyment of the same. After the period of three years from the filing of the suit, the petitioner/plaintiff filed the petition for amendment to include the prayer for declaration declaring that the sale deed executed in favour of the fourth respondent herein is null and void. The trial Court dismissed the same for the reason that already the sale was took place viz., on 13.07.1984 itself and as such the said property cannot be included in the partition suit. Further stated that though the father
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