CHINNA MARUDACHALAM Vs. CHINNAIYA GOUNDER ALIAS RENGANNA GOUNDER

JUDGEMENT

(1.) THE Revision is directed against the Fair and Decretal orders dated 12. 07. 1996 made in LA. No. 230 of 1996 in O. S. No. 167 of 1988 on the file of the II Additional District Munsif of Coimbatore, allowing an application filed by the respondent herein/defendant under Section 152 C. P. C. praying for to amend the decree dated 29. 03. 1994 in accordance with the prayer sought for in the suit.

(2.) THE Revision is filed by the plaintiffs. THEy filed the suit against the respondent herein claiming that the suit property is surrounded by a Pallam to the width of 10 feet running north south on the west, S. F. No. 737 on the north and Avanashi road on the south and third parties lands on the east. THE Pallam on the western side is running from north-south carrying rain water from the entire fields on the north to south and reached east-west pallam abutting the Avanashi main road and that the entire land owners of the said area provided the said Pallam and used the same to drain the water in order to avoid stagnation of rain water in their respective fields and to protect the standing crops in the lands. It is also averred in the plaint that the said Pallam is in existence for the last several decades and it is the only source of draining the rain and sullage water from the lands of the plaintiffs and other neighbouring land owners. According to the plaintiffs, the defendant is the owner of the lands on the western side of the pallam and he formed a lay out of his lands and divided his lands into the plots and sold the same to various third parties and the defendant in collusion with his close associates is trying to close the said pallam and to annex the area covered by the said pallam to the respective sites and that if the defendant is allowed to do so, the entire rain water and sullage water from the northern side will stagnate in the lands of the plaintiffs and not only the crops will be spoiled but also there will be no access for the drain water to reach the pallam abutting avanashi road.

(3.) THE II Additional District Munsif, Coimbatore by her order dated 12. 07. 1996 after hearing the counsel on either side passed the following order :- THE ex parte judgment does not at any place disclose that there is a finding that the plaintiff is the absolute owner of the suit pallam. THE relief claimed in the prayer also does not reveal that there is a prayer for declaration of plaintiff's absolute ownership. THE decree is therefore not depicting the findings in Judgment and is also not in accordance with the prayer. THE error is apparent on the face, which is clerical in nature. THErefore, the LA. allowed and the point'plaintiffs are the absolute owners of suit Pallam'is deleted. Pronounced by me in open court, this the 12th day of july, 1996. Sd. /- N. MEENAL. II Addl. District Munsif. Aggrieved against the same, the plaintiffs have preferred the above Revision in this Court.