NALLATHAMBI Vs. ADIMOOLAM

JUDGEMENT

(1.) THE legal representatives of the defendants in O.S.No.290 of 1961 on the file of the District Munsif, Tirukoilur are the revision petitioners.2. One Sevi Koundan filed the above suit for declaration and possession or in the alternative for redemption of the suit property and in that suit the defendant was one Vendayi Koundan. THE suit was decreed and preliminary decree for redemption in respect of B schedule properties on condition of the plaintiff depositing Rs.300/- was passed. Against the said decree and judgement, the defendant filed an appeal in A.S.322 of 1962 on the file of the Sub Court, Cuddalore and the learned Sub Judge modified the decree and specified a sum of Rs.112.50 instead of Rs.300/- and passed a decree for partition in favour of the plaintiff and the redemption of 3/4 share in the 'A' schedule property on depositing Rs.112.50 into Court. That decree was passed in the appeal on 13.9.1963 and against the same, the Second Appeal was filed before the Honourable Court in S.A.No.373 of 1964 and the Second Appeal was also dismissed and the decree passed by the Sub Court, Cuddalore in A.S.No.322 of 1962 was confirmed. THEreafter, the legal heirs of the plaintiff in O.S.No.290 of 1961 filed O.S.No.148 of 1995 for declaration of the right over the suit property and that was dismissed and against the same, they filed A.S.No.40 of 2003 on the file of the Sub Court, Villupuram and that was also dismissed and thereafter, the legal representatives of the plaintiff filed I.A.No.968 of 2006 for passing final decree in O.S.No.290 of 1961 as per the modification of the decree passed in A.S.No.322 of 196

(2.) THAT was allowed and aggrieved by the same, the legal representatives of the defendants filed this Revision Petition.

(3.) HEARD both the counsel.