Madras High Court
Lalitha vs S. Prakash on 7 August, 2023
C.R.P. No. 2753 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :.07.08.2023
CORAM :
THE HONOURABLE MRS. JUSTICE V.BHAVANI SUBBAROYAN
C.R.P. No. 2753 of 2023
and
C.M.P.No.16966 of 2023
1. Lalitha ...Petitioner
.Vs.
1. S. Prakash
2. M/s Dwarka Paper products Private Limited
Having Office at
Saravanan Thottam,
Thudiyalur Village, Coimbatore North Taluk.
3. K. Sarojini @ Sarasu
4. K. Girinath . ..Respondents
Prayer: This Civil Revision Petition is filed under Article 227 of the
Constitution of India, praying to set aside the fair and decreetal order dated
26.06.2023 in I.A.No.5 of 2022 in O.S.No.3414 of 2004 on the file of the I
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C.R.P. No. 2753 of 2023
Additional District Munsif Court, Coimbatore and allow the above Civil
Revision petition and pass orders.
For Petitioner : Mr. C.R. Prasanan
For Respondent : Mr.Vadiraj Anirudh for Mr.P.Swaminathan
ORDER
This petition is filed seeking a direction to set aside the fair and
decreetal order dated 26.06.2023 in I.A.No.5 of 2022 in O.S.No.3414 of
2004 on the file of the I Additional District Munisif Court, Coimbatore.
2. The facts of the case is that the subject property is the ancestral
property and there was some dispute regarding the partition of the subject
property. The predecessors of the petitioner are in possession of larger extent
of the land and a sale has taken place and while partitioning the subject
property there was dispute with regard to demarcating the subject property.
Whileso, the petitioner and three other persons filed O.S.No.3414 of 2004
for partitioning the subject property and thereafter filed I.A.No.5 of 2022 in
O.S.No.3414 of 2004 under order 6 Rule 17 to amend the plaint as
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C.R.P. No. 2753 of 2023
there was some errors with regard to the Survey numbers and other details.
However, the said I.A was rejected on the ground that the petitioner has
approached the Court for amending the plaint very belatedly and allowing
the amendment will delay the Judgment of the suit. Hence this petition.
3. The learned counsel for the petitioner submitted that the lands
mentioned in the suit schedule was described on the basis of the Patta and
not on the basis of the Sale deed. He further submitted that the petitioner is
only trying to set right the schedule to the plaint in order to get an workable
decree. . Hence he prays this Court to allow this petition.
4. This Civil Revision Petition revolves around two aspects, first is
whether the schedule of the property is described on the basis of the patta or
on the basis of the sale deed. Second aspect is whether the details mentioned
in the suit with regard to the subject property needs to be amended or not
which is the plea of the petitioner herein.
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C.R.P. No. 2753 of 2023
5. With regard to first aspect whether the schedule of the property
is described on the basis of the patta or on the basis of the sale deed, it is
seen that the schedule of the property is described on the basis of patta,
hence, the schedule of the property should be amended. Further more it is
very well know that a title deed is a document of title, whereas as a patta is
only a record of the title and by relying on the patta and passing Judgment in
the suit will not meet the ends of justice. With regard to second aspect
whether the details mentioned in the suit with regard to the subject property
needs to be amended or not, on a perusal of records, it is seen that
admittedly there was some discrepancies in description of the subject
property in the suit, hence, to put a quietus to this issue, it is just and
necessary to amend the plaint in the suit as per the original sale deed, due to
which, the respondent will also get benefited, as it will be convenient for
them to identify and demarcate the subject property.
6. In view of the above, the order passed by in I.A.No.5 of 2022
in O.S.No.3414 of 2004 on the file of the I Additional District Munisif
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C.R.P. No. 2753 of 2023
Court, Coimbatore on 28.06.2023 is hereby side aside and the learned Judge
is directed to proceed the case as per the Sale deed and pass Judgment on
merits and in accordance with law.
7. With the above directions, this Civil Revision Petition is
disposed of. No order as to costs. Consequently, the connected
miscellaneous petition is closed.
07.08.2023
smn
Index : Yes/No
Internet: Yes/No
To.
1. The I Additional District Munsif Court, Coimbatore
https://www.mhc.tn.gov.in/judis
C.R.P. No. 2753 of 2023
V.BHAVANI SUBBAROYAN,J.
Smn
C.R.P. No. 2753 of 2023
and
C.M.P.No.16966 of 2023
07.08.2023
https://www.mhc.tn.gov.in/judis
