G. VALARMATHI Vs. MUNICIPAL COMMISSIONER AYYANAR KOVIL STREET

JUDGEMENT

(1.) Challenging the fair and decreetal order, dtd. 29/4/2021 made in I.A.No.374 of 2019 in O.S.No.263 of 2019 on the file of I Additional District Munsif Court, Virdhachalam, Cuddalore District, the petitioner has preferred the present civil revision petition.

(2.) According to the learned counsel for the revision petitioner, I.A. No.374 of 2019 was filed under Order XXVI Rule 9 of the Civil Procedure Code seeking for the appointment of Advocate Commissioner to measure the suit property with the help of the Surveyor pertaining to the physical features of the suit property and to file a report with sketch.

(3.) It is averred in the petition that earlier the petitioner's son G. Sivasankaran had purchased the petition property from one power agent named Leelavathy, through a deed of sale registered on 24/1/2002 and he was in possession and enjoyment of the same. On 25/9/2003, the petitioner got the property executed in his favour through the 2nd respondent/ Thasildar, Cuddalore Distict. After a long period of 15 years from the date of the aforesaid purchase and more than a lapse of 12 years, the 1st respondent herein had issued a patta by revising the earlier measurements of the land , i.e. the area of the petition property has been assigned as 00777 sq. mt. by reducing an area of 00023 sq.mt from it, instead of the original 00800 sq.mt, wherein the first respondent has stated that the earlier measurements were wrongly analysed based on FMB sketch.