RAMASANTHANAM Vs. DHANABAL CHETTIAR

JUDGEMENT

(1.) The miscellaneous petition is filed seeking permission to file the appeal suit as an indigent person and prosecute the same.

(2.) The learned counsel appearing on behalf of the petitioner mainly contended that originally, he filed the suit as an indigent person in O.P.No.19 of 2005 and the same was allowed and taken on file as O.S.No.23 of 2007 on the file of the District Court, Nagapattinam. Thereafter, the suit was transferred to the Sub-Court, Mannargudi and numbered as O.S.No.29 of 2008. It is pertinent to note that the trial Court dismissed the suit and he paid a sum of Rs.50,525.25/- before the Trial Court in the suit. The appeal suit is filed against the judgment and decree and once again, the petitioner has filed a petition seeking permission to pursue the appeal suit as an indigent person. The learned counsel for the petitioner reiterated that admittedly, the petitioner sold his property for a sale consideration of Rs.5,00,000/- and paid the Court fee before the Trial Court. However, he is not in a position to pay the Court fee as of now and therefore, the petitioner is forced to file the present petition to pursue the appeal suit as an indigent person.

(3.) The learned counsel appearing on behalf of the contesting respondent strongly opposed the contention by stating that one late Dhanapal Chettiar filed detailed written statement, when the suit was pending as O.S.No.23 of 2007 explaining how the suit itself is not maintainable in law, contending that the petitioner herein has no title and he was not in a position to claim title by adverse possession, especially as per the judgment and decree in O.S.No.261 of 1990. The petitioner also filed the original suit as an indigent person before the Trial Court and before the Trial Court, it was proved that he sold a valuable property and received the sale consideration of Rs.4,95,000/- and thereafter, he was directed to pay the Court fee and accordingly, the petitioner paid the Court fee of Rs.50,565.25/- before the Trial Court. When it is established before the Trial Court that the petitioner is not an indigent person, then he cannot be permitted to pursue the appeal suit as an indigent person.