JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India against the judgment and decree dated 31.10.2012 in I.A.No.212 of 2009 in O.S.No.57 of 2008 on the file of Subordinate Judge, Nilgiris.)

1. Some properties have the vexed luck of being litigated ad nauseam. The subject matter of the suit in the present revision is one such.

2. Originally, the property belonged to one S.G.Benett & Company. By way of a registered sale deed, the property was alienated in favour of the following persons: i) K.R.Andu ii)K.R.Raju iii)Minor.Korai iv)Minor.Sockraj v) Jahar Hali Mula Abdul Husaain Wagh

3. The purchase was by way of a registered sale deed dated 12.10.1953. The second purchaser Raju, who was managing the properties, sold them without the knowledge of the first purchaser, Andu. This constrained him to file a suit for partition and separate possession on 03.09.1984 in O.S.No.161 of 1984. The parties to this suit were K.R.Andu and K.R.Raju and Jahar Hali Mula Abdul Husaain Wagh.

4. The purchase being in common, a preliminary decree followed on 16.08.1985. The following issues were framed in the suit:-

1. Whether the plaintiff is entitled to partiti