LAWS(MAD)-2005-6-96

CHANDRASEKARAN Vs. V DOSS NAIDU

Decided On June 29, 2005
CHANDRASEKARAN Appellant
V/S
V.DOSS NAIDU Respondents

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 23. 04. 2002 passed in I. A. No. 1370 of 2000 in O. S. No. 224 of 1998 by the District Munsif, Ponneri, dismissing the Petition filed under Order XXVI Rule 9 C. P. C, refusing to appoint Advocate Commissioner. The Defendants are the Revision Petitioners.

(2.) FACTS necessitated for the disposal of this Civil Revision Petition could briefly be stated thus:-

(3.) FURTHER case of the Plaintiffs is that the said Selvamani Mudaliar died leaving his Wife, Sons and Daughters as Legal Heirs. Patta for the suit property was changed in the name of Krishnaveni Ammal, wife of late Selvamani Mudaliar. The Plaintiff has purchased the suit property under a Sale Deed dated 14. 02. 1996 from the Legal Heirs of Selvamani Mudaliar. The patta has been transferred in the name of the Plaintiff and the Plaintiff is in peaceful possession and enjoyment of the Suit Property, cultivating personally and paying land revenue to the Government. The Defendants having lost their case in all the forums have no manner of Right, Title or Interest over the Suit Property. The Defendants have no right to interfere with the possession of the Suit Property by the Plaintiff. Since the Defendants attempted to interfere with the possession of the suit property in the third week of April 1998, the Plaintiff has filed the Suit in O. S. No. 224 of 1998 for Permanent Injunction.