PERIYASAMY NADAR Vs. GANDHI NADAR

JUDGEMENT

(1.) AGGRIEVED against the Order of allowing the Petition and scrapping the Commissioner's Report, Defendants 1 and 3 have preferred this Civil Revision Petition. The Impugned Order arises out of the order dated 10.04.2003 passed by the District Munsif, Paramakudi in I.A.No.588 of 2003 in O.S.No.137 of 1995.

(2.) O.S.No. 137 of 1995:- The Suit Property forms part of S.No.76/3, Keelaperungarai Village, Paramakudi Taluk, Ramnad District. Case of the Plaintiff is that the Plaintiff purchased the entire extent of property in S.No.76/3 from several persons. The First Defendant owns the land on the adjacent side / Eastern Side in S.No.77/1. The First Defendant has made a false claim to the Suit Property and attempting to prevent the Plaintiff from peacefully enjoying the Suit Property. The Plaintiff has no knowledge whether in the Survey, the Suit Property has been demarcated in the Property of the Defendant. Alleging that the Defendants are proclaiming change the physical features to substantiate the false claim, the Plaintiff has filed the Suit for Declaration of his Title over the Suit Property and for Permanent Injunction.

(3.) LEARNED District Munsif found that the averment in the Counter Statement is acceptable. However, the learned District Munsif scrapping the earlier Report, reappointed the same Advocate Commissioner to measure the Suit Property with the help of Taluk Surveyor.