S SUKUMAR Vs. M RANGASAMY GOUNDER

JUDGEMENT

(1.) THE revision petitioner is the defendant in the suit in O. S. No. 266 of 2004 on the file of the district Munsif, Tiruppur. The respondent/plaintiff in the said suit filed the petition in I. A. No. 1546 of 2004 to amend the plaint so as to include the claim of adverse possession with reference to the suit property. The peti tioner herein filed a counter resisting the amendment sought for by the respondent and after hearing the arguments advanced by either side, learned District Munsif passed the impugned order allowing the petition. Hence, the revision.

(2.) HEARD Mr. M. M. . Sundresh, learned counsel appearing for the revision petitioner and mr. S. K. Rakhunathan, learned counsel appearing for the respondent.

(3.) THE respondent filed the said suit against the petitioner herein for declaration of his title to the suit property and for permanent injunction restraining the petitioner herein and his men from interfering with his possession and enjoyment of the suit property. He has pleaded in the plaint that the suit property was purchased by him in the year 1964 for Rs. 75/- by means of an oral sale from one Kandasamy Mudaliar and continued to be in possession and enjoyment of the same in his own right. In view of the subsequent development, he filed the petition to include the plea of adverse possession also. In the above circumstances, it has become necessary to consider whether the impugned order passed by the court below is liable to be set aside in this revision.