SUGUNA Vs. SUBRAMANI

JUDGEMENT

(1.) The suit in O.S.No.192 of 2000 was filed by the deceased - Subramani against deceased -Munusamy Naidu, seeking the relief of partition and separate possession. The said suit was decreed exparte on 25.02.2003.

(2.) It is the case of the Revision Petitioner, in both these petitions that she is in possession and enjoyment of the suit property right from the year 1992, i.e., prior to the purchase, even though she purchased the property only in the year 2004; several documents have been filed, i.e., Exs.P -1 to P -6, to show that she has been in possession and enjoyment of the suit property even prior to the sale; it is not in dispute that Ex.P -8, sale deed, stands in the name of the Revision Petitioner herein and that in the sale deed, her vendor's daughter is an attesting witness as well as identifying witness.

(3.) Under such circumstances, it has to be decided whether the proposed party ought to have been impleaded as the party in the final decree application.