Madras High Court
A.David ...Revision vs Jebamalai on 23 March, 2022
1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 23.03.2022
CORAM :
THE HONOURABLE MRS.JUSTICE S.ANANTHI
C.R.P.(MD)No.1149 of 2021
and
C.M.P.(MD)No.6707 of 2021
A.David ...Revision Petitioner/Respondent/Defendant
Vs.
Jebamalai ...Respondent/Petitioner/Plaintiff
PRAYER: Civil Revision Petition under Article 227 of Constitution of
India, to call for the records pertaining to the fair and decreetal order, dated
24.02.2021 passed in I.A.No.03 of 2019 in O.S.No.133 of 2016 on the file of
the learned First Additional District Judge (PCR), Tiruchirappalli District,
and to set aside the same.
For Petitioner :Mr.Niranjan S.Kumar
For Respondent :Mr.C.Vakeeswaran
ORDER
This Civil Revision Petition has been filed by the petitioner to set
aside the order, dated 24.02.2021 in I.A.No.03 of 2019 in O.S.No.133 of
2016 passed by the learned First Additional District Judge (PCR),
Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis
2.The parties are referred to as per the rank mentioned before the Court
below.
3.The plaintiff has filed a petition in I.A.No.3 of 2019 in O.S.No.133
of 2010, under Order 26 Rule 13 and Section 151 of Civil Procedure Code,
for passing final decree on the basis of preliminary decree, dated 20.08.2019
passed in O.S.No.133 of 2016. The said petition was allowed on 24.02.2021.
Against the said order, the defendant is before this Court.
4.Already, the revision petitioner/defendant has preferred an appeal
suit against the preliminary decree and the same is pending before this Court.
Now, the defendant has filed this Civil Revision Petition on the ground that
since the suit property is an agricultural land the preliminary decree is to be
referred to the District Collector for division of the property.
5.In support of his case, the learned counsel appearing for the
defendant relied upon the Judgment reported in 2021(4)MLJ 260, in the case
of K.Jaya @ Jayalakshmi Vs. Padma @ Padmavathi, in which the Division
Bench of this Court held as follows:
https://www.mhc.tn.gov.in/judis
......
“31.In the result, the reference is answered as
follows:
If a suit is filed for partition in respect of
Estate as defined in the Tamil Nadu Estate land Act,
1908 or under any other Estate Laws which are
mentioned under Section 7 of the Tamil Nadu Court
Fee and Valuation Act as stood before the amendment
by Act of 2017, the civil court after passing the decree
declaring the rights of the parties interested in the
property shall send the said decree to the Collector as
per Order 20 Rule 18(1) of CPC to divide the
property by following the provisions of Sections 54 of
CPC. Where a suit is filed in respect of ryotwari
land and other immovable properties or movable
properties, the court by following the procedures
prescribed under Order 20 Rule 18(2) has to pass
preliminary decree and thereafter pass final decree.”
4.Now, appeal suit is pending before this Court to decide the
preliminary decree. Whether both the parties are entitled for share? and
Whether the land is an estate or private property? are to be decided by the
appellate Court.
https://www.mhc.tn.gov.in/judis
5.With these observations, this Civil Revision Petition is disposed of.
No Costs. Consequently, connected miscellaneous petition is closed.
Index :Yes/No 23.03.2022
Internet:Yes/No
ksa
https://www.mhc.tn.gov.in/judis
To
The I Additional District Judge (PCR),
Tiruchirappalli District.
https://www.mhc.tn.gov.in/judis
S.ANANTHI, J.
ksa
Order made in
C.R.P.(MD)No.1149 of 2021
23.03.2022
https://www.mhc.tn.gov.in/judis
