R MANOHARI Vs. ARUMUGA GOUNDER

JUDGEMENT

(1.) THE civil revision petitioners are plaintiffs 2 to 4 in O.S.No.101 of 1999 on the file of the learned District Munsif, Pollachi. One Marimuthuammal filed the said suit against the defendant/respondent for bare injunction restraining the defendant and his men from cutting down or removing the standing and felled trees and causing damages to the suit properties in any manner and for costs.

(2.) AFTER the filing of the suit O.S.No.101 of 1999, the said Marimuthammal died on 04.01.2002 and hence, plaintiffs 2 to 4 filed I.A.No.1115 of 2002 in O.S.No.101 of 1999 under Order 22 Rule 3 CPC praying to implead themselves as plaintiffs 2 to 4 in the above said suit.

(3.) IT is the specific stand of the respondent/defendant that the deceased plaintiff Marimuthammal acquired half right in the suit properties with a limited right as per the judgment decree in O.S.No.333 of 1948 and, therefore, she cannot encumber or alienate the property and that the property shall devolve upon her male issues, if any, and in case if there are no male issues, the property shall devolve upon the female, and if there are no female issues, after the death of Marimuthammal, the property shall go to the persons according to law.