ORDER

This Civil Revision Petition has been filed against the order and decreetal order dated 20.07.2018 passed in I.A.No.24 of 2018 in O.S.No.62 of 2014 on the file of the Subordinate Court, Kanchipuram.

2. The suit was filed by the 2nd respondent / plaintiff seeking for partition and separate possession of the suit properties in favour of the plaintiff and direct the defendants to divide the suit properties into 5 equal halves and allot 1/5th of the shares to the plaintiff.

3. It was submitted by the plaintiff that the Suit Punja lands situated at No.7 Kandiwakkam Village which more fully described in the plaint schedule properties are absolutely belonged to the plaintiff and the defendants' father Chengalvaraya Naidu. The said Chengalvaraya Naidu had purchased Item 1 and 2 of the suit properties from Rajarathina Chettiyar and Others by way of Registered Sale Deed dated 29.01.1975. He had also purchased Item 3 and 4 of the suit properties from M.Subramaniya Chettiyar by way of Registered Sale Deed dated 14.12.1977. The Item 5 of the suit property was purchased by the 1st respondent / 1st defendant from one Kanniyappan by way of Registered Sale Deed dated 17.06.1982 out of joint family income and Item 6 of the suit property was purchased by the 3rd respondent / 2nd defendant from one Kanniyappa Mudaliar by way of Registered Sale Deed dated 06.08.1982 out of joint family income. The said Chengalvaraya Naidu was in absolute possession and enjoyment of the entire suit lands and House site (Item No.13) during his life time and was regular in paying Kist to the Government. Later, he had died intestate on 10.01.1980 and his wife Akkammal had also died on 12.05.1992 leaving behind the plaintiff and the defendants.

4. It was further submitted that the plaintiff is the co-sharer of the schedule mentioned properties along with the defendants and all are entitled to 1/5th share each in the suit properties. After the demise of Chengalvaraya Naidu, the defendants with an ulterior motive to deceive and defraud the plaintiff's legitimate share in the suit properties had conveniently changed Patta in their favour in Patta Nos.28 and 36 in respect of Item Nos.7 to 12 with the connivance of the Revenue Officials. The Items 7 to 12 of the properties shown in the above Pattas were also owned and possessed by Chengalvaraya Naidu. Hence the mutation of Revenue Records or obtaining Patta will not confer any absolute title to the defendants. Moreover, it was submitted that since the attitude of the defendants is not congenial for joint possession, the plaintiff had demanded for partition and separate possession of her share in the suit properties, but the defendants had not accepted for the same. Hence, she filed the suit seeking for partition and separate possession of her share in the suit properties.

5. The defendants 1 and 2, the 1st and 3rd respondents herein, had filed a written statement under Order 8 Rule 1 CPC, wherein, they denied that the Item Nos.5 and 6 were purchased by them out of the alleged joint family income. Further, they had submitted that Item Nos.1 to 4, 7, 8 and 10 to 13 are the properties belonging to Chengalvaraya Naidu and the plaintiff and the defendants are each entitled to 1/5th share and there is absolutely no objection for them to divide the said items. But, Item No.5-S.No.96/2 Ac.4.61 Cents (Out of Ac.5.27) together with 5 H.P Motor Pumpset S.C.No.9 belongs to the 1st defendant and he purchased the same on 17.06.1982. Similarly, Item No.6-S.No.94/1 Ac.4.90 Cents (Out of Ac.6.20) belongs to the 2rd defendant and he purchased the same on 06.08.1982. The remaining extent Ac.1.30 was purchased by the plaintiff on 10.08.1982, but she suppressed the said fact. Moreover, they submitted that the suit is bad for inclusion of Item Nos.5 and 6, and Item No.9 namely 0.04 cents (10HP and SCNO.7) is not with the defendants. S.No.28/1 measures 0.67 cents, in which, the family is entitled to 0.63 cents, Akkammal purchased the sale prop