SIVAGURUNATHAN Vs. RAMALINGAM

JUDGEMENT

(1.) THIS revision is preferred against the order of District Munsif Mannargudi, made in I. A. No. 78/2003 in O. S. No. 109/2002, dismissing the application under Or. 26 R. 9 CPC, filed to appoint Advocate Commissioner.

(2.) O. S. NO. 109/2002 :-

(3.) THE first Defendant has filed the Written Statement contending that the Plaintiff is entitled to only the total extent of 11 cents in S. No. 151/17, 18, 19, 20, 21. The Plaintiff does not own or is in possession of the property in S. No. 151/16a. In the 11 cents which the Plaintiff is entitled, the Plaintiff's brother Venkataraman has put up a terrace house and is in enjoyment of the same. The Defendant's predecessors in title are entitled to the property in S. No. 151. They have purchased the same under various Sale Deeds referred to in Paragraph 6 of the Written Statement. When the Plaintiff is entitled to only 11 cents, he cannot claim more than that extent 22 cents. The Plaintiff is not entitled to the property in the Suit Survey Number. His 11 cents is located in S. Nos. 151/17 to 151/21.