M BASKARAN GUDIYATHAM Vs. M SABATHY VELLORE

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against theorder dated 4.2.2005 in E. A. No. 226 of 2004 in EP. No. 301 of 2004 in O. S. No. 134 of 1999 passed by the District Munsif, Gudiyatham, Vellore District, dismissing the Petitionfiled under Section 47 C. P. C. The defendant is the revision petitioner.

(2.) O.S.No.134 of 1999 was filed by the plaintiff for declaration of his title over the suit property and for delivery of possession and for rendition of accounts for the second item of the property. Accordingto the plaintiff, he had put up a construction in the river poromboke and is in possession of the entire 75" x 25" river poromboke, which is forming backyard of hishouse in the second item of the property. The defendant resisted the suit contending thatthe Plaintiff being his elder brother has allowed the defendant to construct a house in the suit properties and enjoy the same for himself and the defendant had discharged all the loans of the plaintiff.

(3.) IN view of the rival submissions,the following questions arise for consideration: