C NAVANEETHAM Vs. A PAPPIDEVI

JUDGEMENT

(1.) THESE revisions are preferred against the orders allowing the petition to re-open the case in O. S. No. 580/ 1996; to recall PW-1, condoning the delay in filing the document under Or. XVII R. 14 (3) CPC and section 151 CPC.

(2.) O. S. NO. 580/1996: The suit property is a house measuring 45 ft. on the North-South, 86- ft. North-South on the West, 84-- ft. on the North-South on the East at Thirunagar Colony, Revenue Ward No. 3, Municipal Ward No. 5 of Erode Town. The Co-operative Building Society purchased a vacant land in T. S. No. 19/2b measuring 4. 27 acres. The lay-out was approved by the Erode Municipality and the house sites were sold to its members. The suit site was sold to one Ponnusami by a Sale Deed dated 23. 10. 1963. Under the Sale Deed dated 15. 11. 1978, the said Ponnusami sold the property to one Mohammed Abdul Khader and delivered actual possession of the entire properties. The said Mohammed Abdul Khader had sold the same to Mani @ Nagulan and Jagadeeswaran by a Sale Deed dated 21. 12. 1979. On 13. 10. 1980, the Plaintiff and the Defendants 2 and 3 have purchased the suit properties under registered Sale Deed for Rs. 38,475/- from the said Mani @ Nagulan and Jagadeeswaran and were in actual possession of the suit property on the same date. The Plaintiff has been paying the Property Tax to Erode Municipality. House site West of the suit 'a' Schedule property was purchased by D-1 from Erode Cooperative Building Society. She has been enjoying the said site keeping the same as vacant. The purchasers around the suit property have constructed houses. On or about 20. 7. 1981, the first Defendant has trespassed into the western portion of the suit 'a' schedule property and the wrongly occupied a piece of land measuring 10 - ft. East-West and 86 - ft. North-South and dug a foundation for a well and built up to the ground level. Encroached portion is separately shown as 'b' Schedule property. Therefore, the Plaintiff has filed the suit -

(3.) THE fourth Defendant Navaneedan has also filed another suit in O. S. No. 571/1996. O. S. No. 571/1996 was decreed. O. S. No. 580/1996 was dismissed. As against the Judgment, the Plaintiff-Pappidevi has filed the Appeals before the District Court, Erode. By the common Judgment in A. S. Nos. 114 and 115 of 1999 the Judgment of the Court below in O. S. No. 571 and 580/1996 were set aside and the cases were remitted back to the trial Court for affording further opportunity to the parties to examine the President or Special Officer of the Cooperative Society or the Municipality Commissioner, Erode and afford opportunity to parties to adduce further evidence.