RAAMA. RADHAKRISHNAN Vs. V.P.RADHAKRISHNAN

JUDGEMENT

(1.) This Civil Revision Petition has been filed against the order, dtd. 28/3/2016, in I.A.No.305 of 2016 in O.S.No.259 of 2015, passed by the District Munsif, Panruti, allowing the application for appointment of an Advocate Commissioner.

(2.) For the sake of convenience, the revision petitioner and the respondent shall hereinafter be referred to as "defendant" and "plaintiff" respectively.

(3.) It is the case of the plaintiff that the plaintiff's maternal grandmother Anjalai Ammal is the owner of the suit property, which is a land measuring 0.90 cents, and she was in possession and enjoyment of the property. After her demise, the plaintiff, being her legal heir, is in possession and enjoyment of the suit property. It is the further case of the plaintiff that, on 20/7/2015, he came to know about the alleged Exchange Deed, dtd. 17/8/1943, registered vide Doc.No.2009 of 1943, entered into between the said Anjalai Ammal and one Krishna Reddiyar, who is the grandfather of the defendant, to the effect that the suit property ("A" Schedule Property as in the Exchange Deed) was conveyed to the said Krishna Reddiyar and in turn, the said Krishna Reddiyar has conveyed his land to an extent of 1.14 acres ("B" Schedule Property as in the Exchange Deed) to Anjalai Ammal. The plaintiff, by completely denying the said Exchange Deed, has further stated that the defendant attempted to interfere with the possession of the plaintiff in the suit property ("A" Schedule Property) on 6/8/2015. Hence, the plaintiff filed the suit against the defendant for injunction and for declaration of Exchange Deed, dtd. 17/8/1943 registered as Doc.No.2009 of 1943, as null and void.