THANDAYEE Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS second appeal has been brought forth by the plaintiffs, who originally filed a suit before the District Munsif, Kotagiri, for rectification of an assignment deed, and on dismissal of the same, they preferred an appeal before the Subordinate Judge at Ooty in A. S. No. 34 of 2004, which also met the same fate of dismissal.

(2.) THE Court heard the learned Counsel for the appellants. The Court is of the considered opinion that on hearing the submissions made and scrutiny of the materials available, no case is made out even for admission of this second appeal before this Court.

(3.) THE gist of the case of the plaintiffs when they brought a suit before the trial Court, was that originally, there was an assignment in respect of 2 cents of land with specific boundaries under Survey No. 1296/1b at Kotagiri on 13. 9. 1971 by the first respondent Collectorate in favour of their father one Mookan; that their father took possession of the same, and he was in enjoyment of the assigned land till 25. 4. 1977; that thereafter, the plaintiffs who are his sons, have been in enjoyment of the same; that subsequently, when a suit was filed by one of the plaintiffs against the other in O. S. No. 309/95, an application for appointment of an Advocate Commissioner was taken out in I. A. No. 263/96; that the plaintiffs came to know that the boundaries were wrongly given in the deed; that on coming to know about the same, an application for rectification has also been made to the concerned authority; but, no action has been taken, and thus, they brought forth the suit for rectification of the original assignment deed.