Madras High Court
Josephine Rebekkal @ James Mary vs Kalaimani on 17 November, 2021
C.R.P.(MD) No.1582 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.11.2021
CORAM :
THE HONOURABLE MS.JUSTICE P.T.ASHA
C.R.P.(MD) No.1582 of 2021
and
C.M.P.(MD) No.8645 of 2021
Josephine Rebekkal @ James Mary ... Petitioner
vs.
Kalaimani ... Respondent
PRAYER:- This Petition is filed under Section 115 of the Code of Civil
Procedure, to set aside the order dated 08.11.2018 in I.A.No.349 of 2018 in
O.S.No.360 of 2018 pending on the file of the learned Additional District
Munsif (Incharge), Lalgudi.
For Petitioner : M/s.V.Sujatha
ORDER
The plaintiff, who is the revision petitioner before this Court, is
challenging the order dated 08.11.2018 of the learned Additional District
Munsif (Incharge), Lalgudi, in I.A.No.349 of 2018 in O.S.No.360 of 2018, in
and by which, the learned Judge had dismissed the amendment petition filed by
the petitioner/plaintiff.
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C.R.P.(MD) No.1582 of 2021
2.The facts in brief, which are necessary for disposing of the above Civil
Revision Petition, are herein below narrated:-
3.The petitioner herein had filed a suit in O.S.No.360 of 2018 for bare
injunction restraining the respondent from interfering with her enjoyment of the
suit property by putting up a construction or in any other fashion obstructing her
enjoyment. The suit schedule was a site with building comprised in Old.S.No.
125/part New S.No.197/10 and S.No.197/11 in Laldudi Taluk, Sirumayangudi
Village, Trichy District.
4.The case of the petitioner was that this property belonged to one
Sandhanammal, W/o.Sinnappan. Sinnappan and Sandhanammal had two
daughters, namely, James Mary and Susai Mary and one son, namely,
Irudhayasamy, who was the father of the petitioner herein. James Mary had
executed a Will dated 31.12.1968 bequeathing her share in the property in
favour of the petitioner, who was taking care of her. After the death of
Sinnappan, Sandhanammal, Irudhayasamy and James Mary, the petitioner was
in enjoyment of the property bequeathed to her under the Will. The suit property
is the 5th item of property in the Will. It was the case of the petitioner that the
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C.R.P.(MD) No.1582 of 2021
respondent, who had no right to the property, was trying to interfere with her
possession and therefore, the suit.
5.The respondent had filed a written statement interalia contending that
the suit was filed on 17.09.2018, thereafter, the petitioner has come forward
with an application in I.A.No.349 of 2018 stating that she was unaware that her
property situate in S.No.197/11 had been subdivided as S.No.197/15, in respect
of which, patta had been granted in favour of the respondent. She would
therefore seek to have an amendment to include S.No.197/15 in the suit
schedule property.
6.The respondent had filed a counter interalia contending that the
petitioner was allotted patta in respect of an extent of 00054 sq.mts. in S.No.
197/10 as early as in the year 1992. As regards the property comprised in S.No.
197/11, the same belonged to the Revenue Authorities and the same had been
subdivided as S.No.197/15 to an extent of 00054 sq.mts., for which, the
defendant had been granted patta. The remaining extent continues to remain as a
vacant Natham. In fact, the petitioner was very much aware about the
subdivision as she had already raised a dispute before the Tahsildar, before
whom she had given a petition. The Revenue Divisional Officer after an enquiry
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1582 of 2021
had held that an extent of 00054 sq.mts., in S.No.197/11 belonged to the
respondent and patta was granted in her favour. This extent was subdivided as
S.No.197/15. Therefore, even prior to the filing of the suit in O.S.No.360 of
2018, the orders had been passed subdividing the property. The petitioner was
fully aware about the same. Therefore, the contention that she was not aware of
it and come to know about it only recently is nothing but an entirely false
statement. Therefore, the respondent sought to have the application dismissed.
7.The learned Additional District Munsif (In-charge), Lalgudi after
hearing both parties dismissed the above application stating that the petitioner
has not produced any document to show her ownership on S.No.197/11 and
could therefore not seek to have the amendment granted. The learned Judge also
observed that the petitioner has not given any details as to the extent in S.No.
197/15 in respect of which she was claiming an injunction. Since the
amendment sought for was rather vague, the learned Judge had dismissed the
said petition. Challenging the same, the plaintiff is before this Court.
8.Heard the learned counsels on either side.
9.Perusal of the records would indicate that even prior to the filing of the
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C.R.P.(MD) No.1582 of 2021
suit, the petitioner was aware about the subdivision of S.No.197/11 as she had
herself filed a complaint before the Revenue Authorities. Thereafter, the
Revenue Divisional Officer has conducted an enquiry pursuant to which patta
was granted to the respondent with respect to an extent of 0054 sq.mts., in an
extent of 00500 sq.mts., in S.No.197/11 and this 00054 sq.mts., alone has been
subdivided as S.No.197/11. The petitioner has not described the extent of land
enjoyed by her in S.No.197/11 to prove that she has been in enjoyment of the
entire extent. In fact, the extent of land comprised in S.Nos.197/10 or 197/11
has not been described in the suit schedule. Therefore, the amendment as sought
for has been rightly rejected by the learned District Munsif (In-charge), Lalgudi.
I do not find any reason to interfere with the judgment of the learned Additional
District Munsif (Incharge), Lalgudi, in I.A.No.349 of 2018 in O.S.No.360 of
2018 dated 08.11.2018.
10.In fine, this Civil Revision Petition stands dismissed. No costs.
Consequently, connected miscellaneous petition is closed.
Index : Yes / No 17.11.2021
Internet : Yes / No
mm
https://www.mhc.tn.gov.in/judis
C.R.P.(MD) No.1582 of 2021
P.T.ASHA, J.
mm
To
The Additional District Munsif,
Lalgudi.
C.R.P.(MD) No.1582 of 2021
17.11.2021
https://www.mhc.tn.gov.in/judis
