K PRABHAKARAN Vs. A G KRISHNAMOORTHY

JUDGEMENT

(1.) Aggrieved by an order dated 19,6.2001 made in I.A. No. 4658 of 2001 in O.S.No. 2764 of 2001 on the file of the learned XII Assistant Judge, City Civil Court, Chennai, refusing to permit the revision petitioner/defendant to raise a counter claim by way of an additional written statement in the suit in O.S.No. 2764 of 2001, laid by the respondent/plaintiff for a permanent injunction against the revision petitioner/defendant by restraining them from disturbing the possession and enjoyment of the suit property by the respondent/plaintiff, the defendant has preferred the above revision.

(2.) In brief, the respondent/plaintiff claims that he is the absolute owner of the suit property, which was said to have been purchased by him under a sale deed dated 10.7.1972, on which basis, he seeks a permanent injunction as prayed for.

(3.) But the suit was originally resisted by the revision petitioner/defendant, who filed the original written statement in February, 2001, contending that the suit property was purchased under the sale deed dated 10.7.1972 out of the income derived from the property allotted by the Government to the respondent/plaintiff and the revision petitioner/defendant, who are father and eldest son respectively. who are repatriates from Burma, settled at Chennai, and therefore, the revision petitioner/ defendant is entitled to one-fourth share in the suit property.