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2005 Supreme(Mad) 847

R.BANUMATHI
Chellakannu – Appellant
Versus
Kolanji – Respondent


Advocates Appeared:For The Petitioners:P. Valliappan, M/s. Sarvabhauman Associates, Advocates. For The Respondent:S. Mahimairaj, Ms. Thenmozhi, Advocates.

Judgment :-

This Civil Revision Petition is preferred against the Fair and Decretal Order dated 14.02.2003 passed by the District Munsif, Jeyankondam in I.A.No.396 of 2002 in O.S.No.167 of 2002, allowing the Petition filed under Sec.151, Order VII Rule 11(b) C.P.C, directing the Plaintiff to pay the Court Fee under Sec.40 of the Tamil Nadu Court Fees and Suits Valuation Act,1955 (hereinafter referred to as the Act). The Plaintiff is the Revision Petitioner.

2. Case of the Revision Petitioner is that the Suit Property belonged to his Father – Pichamuthu. Pichamuthu had two wives, through whom he had Three Sons. Earlier, there was Partition in the family of the Plaintiff on 04.08.1971 wherein the Plaintiff and the Sons through the First Wife have partitioned the family properties. There was further partition between the Plaintiff and his Brothers in 1977. Item 1 of the Suit Property was allotted to one Poomalai. Items 2 and 4 – S.Nos.155/3 and 339/13A were allotted to the Plaintiff. First Defendant is the Wife of Shanmugam. Third Defendant has been keeping the First Defendant as his concubine. The Third Item was allotted to the Plaintiff’s Sister. The Third Defendant is the Third Par
















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