S N VISWAM Vs. S SURESH

JUDGEMENT

(1.) THIS appeal arises out of the order dated 02.12.2010 in A.No.5359 of 2010 in C.S.No.447 of 2008 whereby the learned Judge dismissed the application filed under Sec.5 of <ACT>LIMITATION ACT, 1963</ACT> and declining to condone the delay of 315 days in filing the application to set aside the exparte decree. Defendants are the Appellants herein.

(2.) BRIEF facts are that Appellants are the owner of the land and building in Plot No.1, Door No.10, 1st Main Road, Jai Nagar, Arumbakkam, Chennai-600 106 measuring 2397 sq. ft. consisting of Ground Floor, First Floor and Second Floor.

(3.) IN the mean while, on the basis of the sale deed dated 06.2.2008, Respondent herein had also filed C.S.No.447 of 2008 praying:- (i) to direct the Appellants to hand over vacant possession of the suit property; (ii) to pay damages at the rate of Rs.40,000/- per month from the date of plaint till the date of delivery of the suit property for illegal occupation and other reliefs.