A DURAISAMY Vs. MUTHURAJA

JUDGEMENT

(1.) THE petitioner has filed this petition, seeking permission to prefer an appeal against the decree and judgment dated 29.4.1994 in O.S. No. 496 of 1984 on the file of Sub-Court, Madurai, as an indigent person.

(2.) THE petitioner's case is that the respondents 1 to 4 herein filed the said suit O.S. No. 496 of 1984 for declaration of their title to the suit property and for consequential injunction against the fifth respondent and the petitioner herein got himself impleaded in the said suit. THE petitioner's case is that the suit property is a poramboke land belonging to Iyanar temple. Since the suit had been decreed, now he wants to file an appeal. THE Court fee comes to Rs.3,926 and sine he is a man of no means, he wants to prefer an appeal as an indigent person.

(3.) THE petitioner filed a detailed reply contending that the respondents 1 to 4 claimed title to the suit property, as they have purchased the same from M/s. Rajendran and two others. THE said Rajendran, one of the vendors of the plaintiff, filed O.S. No. 211 of 1972 against the other two vendors as well as against one Chinnammal. In the plaint filed in the said suit, they have admitted that the suit property is a poramboke land and claimed only possessory right. THE petitioner is the hereditary poosari of the Iyanar temple and he was not impleaded as a party, even tough the disputed property is in possession and enjoyment of the Iyanar temple.