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Showing contexts for: common plot in Sathya Bhama ... 1St vs Vasudevan on 26 September, 2024Matching Fragments
3.For the sake of convenience, the parties are referred to as, as described before the trial Court.
4.According to the plaintiff, the suit properties namely Survey Nos.2314, 2315 and 2311 of Methukumal Village formerly belonged to Pachu Pillai alias Lakshmi Pillai daughter of Parvathi Pillai of Karungavilakathu Veedu, Muthukummal Desom. The above said Lakshmi Pillai along with her children partitioned the suit properties and other properties on 24.04.1921. In the partition deed 'A' schedule properties were allotted to Kunjamma Pillai daughter of Lakshmi Pillai, the first defendant. On 07.07.1951, the said Kunjamma Pillai sold 15-1/2 cents in Survey No.2315 ie., plaint item No.1 in the suit in favour of Sivaraman Asari, son of Pappu Asari in continuation of his https://www.mhc.tn.gov.in/judis earlier mortgage. Lakshmi Pillai daughter of Parvathi Pillai, who got shares in the suit property gifted her share in the suit properties to her daughter Kamalakshi Amma and her son-in-law Sukumara Pillai in Document No.6547 of 1124 M.E. On 07.07.1951, the abovesaid Kamalakshmi Amma along with her husband Sukumara Pillai sold 30 cents in Survey No.2316 ie., plaint item No.2 and 12 cents in Survey No.2314 ie., plaint item No.3 to Sivathanu Asari son of Raman Asari of Parayanvila Veedu. On 21.05.1953, the said Sivathanu Asari sold his shares purchased by him in plaint item Nos.2 and 3 to Sivaraman Asari son of Pappu Asari. Thus, the said Sivaraman Asari was entitled to and was in possession of 15-/12 cents in plaint item No.1, 30 cents in plaint item No.2 and 12 cents in plaint item No.3. The said Sivaraman Asari is no more and his assets including his shares in the suit property devolved on his son Vasudevan ie., the plaintiff and on his daughters namely Lakshmi Kutti and Sathiyabhama, who are the defendants 8 and 9 in the suit. Thus, the plaintiff was entitled to and was in possession of 1/3 of the properties of Sivaraman Asari. An Oodukoor case No.1035 of Methukummal Village was taken with respect to plaint item Nos.1 and 2 under the Travancore Godukoor Proclamation of the year 1946 and an award has been passed on 31.01.1957. In the above said Godukoor award, plot No.1 measuring 17 cents and plot No.4 https://www.mhc.tn.gov.in/judis measuring 28.5 cents in plaint item No.1 and plot No.3 measuring 19 cents and plot No.4 measuring 11.5 cents in plaint item No.2 have been allotted to Sivaraman Asari and other jointly. The common plots namely plot Nos.1 and 4 and plaint item No.1 and plot Nos.3 and 4 in plaint item No.2 were held in joint by Sivaraman Asari and others. The plaintiff is entitled to get a partition of 5-1/6 cents in the common plots of 1 and 4 and in item No.1 and 10 cents in the common plots of 3 and 4 in item No.2 as per the said award. In respect of item No.3, namely 2315 an award has been passed in case No.1034 of Methukummal Village on 31.07.1955. Under the said award, plot No.2 measuring 7.334 cents has been allotted in the name of Parvathi Pillai, Lakshmi Pillai, the predecessor-in-interest of Sivaraman Asari under whom the plaintiff and defendants 8 and 9 claimed right. In the 'A' register kept in the revenue department, Lakshmi Pillai was stated as Pattadar and her name was mentioned in the award also, even though the plaintiff and the defendants 8 and 9 obtained the right of Lakshmi Pillai. Thus, the plaintiff and the defendants 8 and 9 are the owners in possession of plot No.2 in item No.3. The plaintiff was entitled to partition of 1/3 share in plot No.2 in item No.3. Since the properties were held jointly, there was much inconvenience in enjoying the properties and therefore, the plaintiff was entitled to get his share of partition by https://www.mhc.tn.gov.in/judis metes and bounds. The remaining shares in the properties belong to the defendants in the suit. Hence, the plaintiff has come forward with the suit.