R NAGARAJAN Vs. NAVEENCHANDER SINGH

JUDGEMENT

(1.) The Defendants 1 to 5 in O.S. No. 317 of 2004 on the file of the Additional District Munsif, Villupuram are the revision Petitioners.

(2.) The suit was filed by the Plaintiffs for declaration that the 7th Plaintiff has got full absolute title over the suit property and for recovery of possession from the Defendants to the 7th Plaintiff. The case of the Plaintiffs as seen from the plaint is that they have perfected and prescribed their title by adverse possession and also denied the sale deed alleged to have been executed by the 1st Plaintiff's mother in favour of one Nagammal and contended that the 1st Plaintiff's mother namely Baghirathi Bai had only life estate over the suit property and therefore she could not have conveyed absolute right over the same and by virtue of family arrangement in the family of Plaintiffs 1 to 6 the property was allotted to the share of 4th Plaintiff from whom the 7th Plaintiff purchased the suit property under a sale deed dated 9.3.1998 and on that basis the suit was filed.

(3.) The Defendants namely the revision Petitioners and other Defendants contested the suit and the 1st Plaintiff was examined as PW1 before his death and 2nd Plaintiff was examined as PW2 and thereafter two witnesses were examined on the side of the Plaintiffs and at that stage, the 7th Plaintiff filed I.A. No. 167 of 2010 in O.S. No. 317 of 2004 under Order 18 Rule 3A seeking permission of the Court to examine himself as PW5 and that application was objected by the revision Petitioners and rejecting their contention that petition was allowed and aggrieved by the same, this revision is filed by the revision Petitioners.