NARASAMMAL Vs. S V GURUNATHAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order of the District Munsif, Nilakkottai dated 30. 04. 2002 made in I. A. No. 74 of 2002 in O. S. No. 221 of 1997, dismissing the Petition filed under Order 6 Rule 17 c. P. C. The Plaintiffs are the Revision Petitioners.

(2.) O. S. No. 221 of 1997: - This Suit was filed by the Plaintiffs for Permanent injunction relating to the Immovable Suit Properties in S. Nos. 124/8, 125/1, 125/2 and S. No. 23/2 in Pannaipatti Village, Nilakkottai Taluk. The Plaintiffs and the Defendants are related as under: - ------------------------------------------------------------ | | | | | | | | | Narasimha Naidu Venkitasamy Naidu Ayyappasamy Naidu (died in 1969) D-1 D-2 = Narasammal died died P-1 | | | | | | D-9 D-4 to D-8 | L. Rs of D-2 ---------------- | | Chinnasamy Jaya P-2 P-3 (Genealogy as per Plaint)

(3.) UPON consideration of the contentions of both parties, learned District Munsif dismissed the Amendment Petition mainly on the following grounds: - (i) for the alternative relief of Recovery of Possession, the Plaintiffs / Petitioners ought to have sought for the relief only under sec. 25 (a) of the Tamil Nadu Court Fees and Suits Valuation Act, 1955 (hereinafter referred to as the "court Fees Act") and not under sec. 25 (b) of the Court Fees Act; (ii) The Amendment Petition filed at the stage of adducing evidence is belated; (iii) the alternative reliefs sought for by the plaintiffs / Petitioner would amount to changing the character of the Suit.