KRISHNAN Vs. VAIYAPURI GOUNDER

JUDGEMENT

(1.) THE Civil Revision is directed against the fair and decreetal order dated 21. 04. 2007 passed in I. A. No. 200 of 2006 in O. S. No. 109 of 1996 on the file of the District Munsif, Musiri.

(2.) THE first respondent is the plaintiff in O. S. No. 109 of 2006 before the District Munsif, Musiri. He has filed the suit for specific performance of contract. An agreement was entered into on 20. 02. 1996 between the plaintiff and defendant in respect of the property described in the plaint.

(3.) IN the affidavit, it is stated that the petitioner herein had filed a suit for injunction and other reliefs against the first respondent in o. S. No. 55 of 1995 for injunction and a decree was passed in favour of the petitioner herein. Hence the first respondent herein preferred an appeal and the same was dismissed. The petitioner herein claimed to be in possession and enjoyment of the entire suit property. As per the agreement, the first respondent herein entitled to have the possession of the entire property described in the plaint. The first respondent herein did not seek the relief of possession in view of the above circumstances. He wanted to amend the plaint in o. S. No. 109 of 2006 to include the prayer for recovery of possession. Hence the petition filed.