SELVARAJ Vs. SUKUMARAN NAIR

JUDGEMENT

(1.) This Civil Revision Petition is filed, against the fair and decretal order dated 29.01.2016 passed in E.P.No.92 of 2011 in O.S.No.350 of 1979 on the file of the Principal District Munsif Court, Kuzhithurai.

(2.) The petitioner herein is the eighth respondent in E.P.No.92 of 2011 and eighth defendant in the Suit in O.S.No.350 of 1979. The petitioner is the legal heir of the original first defendant Chellan Nadar. After the death of the first defendant Chellan Nadar, the respondents 4 to 9 including the petitioner were implicated as defendants 4 to 9. The first respondent filed a Suit in O.S.No.350 of 1979 for redemption of Suit property. A preliminary decree was passed on 25.04.1991. A final decree was passed on 17.12.1996 directing the first respondent to deposit a sum of Rs.89,551/- being the development charges. The petitioner and the respondents 4 to 9 filed A.S.No.59 of 1997. By the judgment and decree dated 12.12.2001, the first Appellate Court modified the amount mentioned in final decree as Rs.76,248/-. Against the said judgment and decree, the second appeal in S.A.No.601 of 2002 was filed by the respondents 4 to 9 including the petitioner. The second appeal was dismissed on 13.06.2011.

(3.) On 21.07.2011, the first respondent deposited a sum of Rs.76,248/- the development charges fixed by the first Appellate Court confirmed by this Court in S.A.No.601 of 2002 on 13.06.2011. After deposit, the first respondent filed E.P.No.92 of 2011 for delivery of Suit property through Court. The petitioner herein filed counter affidavit. According to the petitioner, the final decree was passed on 17.12.1996 granting time to deposit the value of development charges on or before 31.01.1997. The first respondent deposited the amount only in the year 2011. The value of improvement from 31.01.1997 is not calculated. The said development is necessary. The learned Judge considering all these facts, allowed E.P.No.92 of 2011 ordering delivery. Against the said order dated 29.01.2016, present Civil Revision Petition is filed by the petitioner/eighth respondent.