RAMEEZA BEEVI Vs. S MOHAMMED IBRAHIM

JUDGEMENT

(1.) THE plaintiffs are the revision petitioners.

(2.) THE revision petitioners, claiming title to the suit property, seeking recovery of possession from the defendant, have filed the suit, alleging that the sale deed executed by the original owner of the suit property viz. Pakkir Mohammed, dated 16. 6. 1986, is not valid since the same was obtained by fraud, valuing the suit under Section 25-A of the Tamil Nadu Court Fees Act.

(3.) THE respondent/defendant, in his counter, would contend, that despite the plaint was returned, by the trial Court, directing the plaintiffs to seek a relief of cancellation of the sale deed dated 16. 6. 1986, it was not accepted by the plaintiffs, and therefore, the prayer, now sought for, by the proposed amendment, which is clearly barred by limitation, is not permissible, the further fact being that the right accrued in favour of the defendant, on the basis of the limitation, cannot be taken away by the proposed amendment.