NARAYANA REDDIAR Vs. ALAGAMMAL

JUDGEMENT

(1.) Mr. Narayana Reddiar, defendant in the suit filed this revision before this Court, against the fair and decretal order dated 27.8.96 passed in I.A. No. 1554 of 1996 in O.S. No. 121 of 1993 on the file of District Munsif, Aruppukottai. The respondent as plaintiff instituted suit proceedings in O.S. No. 121 of 1993, in the above Court, contending that she is the owner of the suit site, that she got the property by means of a gift deed executed by her father on 28.6.55, and that since the petitioner/defendant attempted to interfere with her possession, she filed the suit for permanent injunction.

(2.) The suit was resisted by the petitioner herein, mainly contending that the description of suit property in the plaint was vague and not correctly given, and that already the plaintiff's brother instituted a suit, which was finally decided in A.S. No. 8 of 1989, on the file of Sub Court -in favour of the defendant, and thereafter, the plaintiffs brother set up the plaintiff to file the present suit, and that therefore, the suit is barred by res judicata.

(3.) The suit was taken up for trial. Documents were marked. Witnesses were examined and evidence was adduced by both sides Finally the arguments were heard on 10.6.96. Then the matter was posted for Judgment, after reserving the same, to 22.6.96.