G SUBRAMANIAM Vs. M G JAYARAMA MUDALI

JUDGEMENT

(1.) THIS revision arises out of the order of District Munsif, Pallipattu made in I. A. No. 72/2004 in O. S. No. 182/ 2001 (dated 9. 3. 2004) allowing the application filed under Or. 13, R. 2 CPC condoning the delay in filing the document. The Defendants are the Revision Petitioners.

(2.) THE relevant facts for this revision could briefly be stated thus :-O. S. No. 218/1997 - District Munsif Court, Thiruttani, ransferred to District Munsif Court, Pallipattu renumbered as O. S. No. 182/2001 :

(3.) DENYING the allegations in the plaint, the Defendants have filed the Written Statement contending that their house bearing D. No. 56/1, absolutely belong to the Defendants' ancestors and the house was constructed about sixty years ago by the Defendants' ancestors. The brothers of the Defendants have partitioned their joint family properties on 5. 9. 1956 under registered Partition Deed and the house in D. No. 1/56 was allotted to the Defendant. The house was constructed by the ancestors of the Defendants and the first Defendant has perfected his title to the house and the wall, by adverse possession. Now the house has been transferred in the name of the second Defendant. The Defendants never constructed any house nor inserted any beam on the suit wall. It is already resting on the suit wall. The Defendants never dug any channel or pipe line in the suit property. Hence the question of damage to the wall does not arise. Leveling false allegations, the Plaintiff has filed the suit and he is not entitled for any relief.